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Hawaii Questions & Answers
1 Answer | Asked in Landlord - Tenant for Hawaii on
Q: I have a lightbulb camera outside of my apartment front door. It faces the main entry gate to our building, Is that ok?

There are 2 other units front doors in view of my camera field of vision. But that’s the only way to view the front main entrance from my unit. Is that illegal? I was told to turn it away or remove it

James L. Arrasmith
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answered on Mar 31, 2024

The legality of using a camera that captures views of neighboring units can vary depending on your location and specific circumstances. In general, you have the right to install security cameras on your property for safety purposes. However, the camera should not infringe upon the reasonable... View More

1 Answer | Asked in Business Law and Contracts for Hawaii on
Q: I have a contract (in English) from a surfboard company in Portugal. Is there anyone there familiar with Portugese law?

This contract seems fishy.

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

A Hawaii attorney could advise best, but your question remains open for two weeks. You may need to go outside this forum for guidance on Portuguese law - this is basically limited to U.S. law. Good luck

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Hawaii on
Q: If making monthly mortgage payments, why am I in foreclose, and I have all my bank statements showing I have paid.

I asked where my payments went, if you are claiming I have not paid. No answer. SPS had blocked me from making my December, January and February payments because I was told I am in legal process of foreclosure. I asked why as I have been making payments. I was told I had not made any payments... View More

Blake Goodman
Blake Goodman
answered on Feb 1, 2024

You are being screwed with. I help people file bankruptcy to save their home from foreclosure, not this kind of thing.

You need to find an attorney that represents borrowers under the Truth in Lending Act (or TILA). See what you can find on Google for an attorney versed in this law that...
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1 Answer | Asked in Construction Law for Hawaii on
Q: Can a construction contract threaten imprisonment if project is not completed
Tim Akpinar
Tim Akpinar
answered on Dec 24, 2023

A Hawaii attorney could advise best, but your question remains open for four weeks. Until you are able to consult with a local attorney regarding protocols for construction contracts under Hawaii law, that sounds unusual for any jurisdiction. Construction contracts generally impose monetary... View More

1 Answer | Asked in Uncategorized for Hawaii on
Q: Can I file a lien or something else? on property I leased that new owner(bank) hired guys to assault me at?

During my lease the property foreclosed. The bank owns it & hired 3 guys to home invade, assault & throw me out 9 mos prior to lease term.

I would like to sue the bank & the guys. Is there a certain form to file to gain property with this?

This was during Covid... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Hawaii, if you've been assaulted and forcibly removed from a property you were legally leasing, you have grounds to pursue legal action. The fact that the bank, now the property owner, allegedly orchestrated this assault exacerbates the seriousness of the situation.

Firstly, filing...
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1 Answer | Asked in Estate Planning and Probate for Hawaii on
Q: Put our home in a Hawaiian not calif trust so that it won’t go thru probate?

Our banker told us to put the home in a Hawaiian trust (not calif ) so the home would not go thru probate? What is the simplest way to achieve this goal?

Kelly LaPrade
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Kelly LaPrade
answered on Nov 27, 2023

Aloha,

To change ownership in a property located in Hawaii generally the current owners would convey the property in a new deed to the trustee of the trust. This answer assumes a few pieces of information which would need attorney verification. Thank you

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is it alright to use an airhorn to deter someone when they are getting aggressive?

There is this person who I've had words with that often times starts arguments from nothing, i.e. minding my business than they show up to yell about something. If I've had history of this person being verbally aggressive to start fights, can I use an airhorn as a way to fend them off?

Mark Simonds
Mark Simonds
answered on Nov 12, 2023

You are better off filing an ex Parte Petition for a Temporary Restraining Order, pursuant to Section 604-10.5 of the Hawaii Revised Statutes.

Once filed, and, if granted, follow through with service and attend the court hearing.

The self-help center of your local courthouse can...
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1 Answer | Asked in Collections for Hawaii on
Q: Can a repo person take your vehicle if your gate was closed?

A repo person opened up our gate (signs of no trespassing was visible), drove onto our property and towed our car off our property while we were home. No permission to come onto our property was given.

James L. Arrasmith
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answered on Nov 9, 2023

Under Hawaii law, a repo person generally cannot trespass onto private property or break into a locked gate to repossess a vehicle. Some key points:

- Hawaii Revised Statutes §480-13 prohibits trespass by a repo agent to effectuate a repossession, except with express permission from the...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: Does a dismissed citation in Hawaii remain on my record?

I was given a citation for drinking on the beach in Hawaii. I live in North Carolina and was told to call to schedule a virtual court appearance. When I called, I was informed that the case was not being pursued by the prosecutor so it is dismissed. I asked if this meant it would not appear on... View More

T. Augustus Claus
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answered on Nov 6, 2023

Yes, a dismissed citation in Hawaii can remain on your record. In Hawaii, dismissed citations are not automatically expunged from your record. If you want to have a dismissed citation expunged, you must file a petition with the court.

1 Answer | Asked in Family Law and Divorce for Hawaii on
Q: Is there grounds for an annulment?

Thank you

T. Augustus Claus
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answered on Oct 18, 2023

Grounds for an annulment in Hawaii can include factors like fraud, bigamy, impotence, lack of consent, and underage marriage. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Criminal Law for Hawaii on
Q: How many diazepam can a person legally have?
T. Augustus Claus
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answered on Oct 13, 2023

There is no legal limit on the number of diazepam pills a person can possess in Hawaii. However, diazepam is a Schedule II controlled substance, which means that it has a high potential for abuse and addiction. As a result, it is important to only possess diazepam if you have a valid prescription... View More

1 Answer | Asked in Business Law and Real Estate Law for Hawaii on
Q: To fill a vacancy on the condo BOD, the directors plan to appoint a person to serveuntil February 2025. Is it legal?

Until a year after the next annual meeting of owners in February 2024.

T. Augustus Claus
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answered on Sep 27, 2023

Board of Directors (BOD) appointments in a condominium are generally guided by the association's bylaws and applicable state laws. If the bylaws permit the BOD to appoint someone until the next annual meeting, this could be permissible. However, this would need to be cross-referenced with... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: I was arrested and charged with UCPV bail set$12,000 I didn’t steal vehicle it was given to me as a gift by a friend

How can I get charges dismissed

Mark Simonds
Mark Simonds
answered on Sep 24, 2023

There are situations in life where an attorney is not a luxury, but a necessity. This is one of those times as Unauthorized Control of a Propelled Vehicle in Hawaii is a serious felony. Based on your question you may have a potential defense (Lack of intent) that may be worthwhile to discuss with... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Divorce and Family Law for Hawaii on
Q: I am 66 years old, unmarried and residing for 8 years with a controling man who I depend on financially. I need $ to esc

In response to his proposal of marrige ,I gave up my business, friends, vocational license, all because he asked me to. When asked why I wasn't introduced to family and friends. He asked me to wait for his dad to pass. Eight lonely isolated years of empty promises later, he tells me... View More

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2023

A Hawaii attorney could advise best, but your question remains open for two weeks. I'm sorry for your difficult situation. Personal injury and general civil litigation attorneys (the chosen categories here) are not really versed in these issues. You could try reposting under Divorce, and if... View More

1 Answer | Asked in Uncategorized for Hawaii on
Q: I already get 1000 dollars deducted automatically every month and write another check for 600 to my ex am I paying too

Much to my ex wife or is she taking advantage of me bc of not knowing my rights and also being threaten from her claiming to take all my work retirement and military as well

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2023

A Hawaii attorney could advise best, but your question remains open for two weeks. You could repost this and add "Divorce" as a category. Don't include personal information. Some questions do go unanswered on this forum, but you'd have better chances of a response with the added category. Good luck

1 Answer | Asked in Employment Discrimination, Employment Law, Business Law and Civil Rights for Hawaii on
Q: Can my employer which is a corporation be admin. dissolved or dissolve the company after I filed a lawsuit on them?
Robert Kane
Robert Kane
answered on Aug 26, 2023

Was your "employer which is a corporation [ ] admin. dissolved or dissolve the company after [you] filed a lawsuit on them?" Are you preparing or reacting? How it is dissolved makes a difference. To answer your question, yes. What you need to do depends on the situation.

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Can an HOA in Hawaii pass new CCR’s to prevent the subdivision of land that was allowed by the county.

Existing 7 lot subdivision with 4 lots built on. The original developer kept on large lot planning to subdivide in phase II. Newly created lots would be similar size about 5 acres. HOA recently added a new CCR stating no lot could be subdivided.

T. Augustus Claus
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answered on Aug 24, 2023

In Hawaii, homeowners associations (HOAs) generally have the authority to establish and enforce certain rules and restrictions through their covenants, conditions, and restrictions (CCRs). However, whether an HOA can pass new CCRs to prevent the subdivision of land that was previously allowed by... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Hawaii on
Q: Can my husband with out my permission use video recordings of me acting out after he provoked me into getting fired up
T. Augustus Claus
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answered on Aug 16, 2023

In Hawaii, as in many states, the use of video recordings without consent can be a complex legal issue. While laws can vary, generally speaking, recording someone without their consent in situations where they have a reasonable expectation of privacy may raise legal concerns.

1 Answer | Asked in Trademark and Intellectual Property for Hawaii on
Q: is splash bag trademarked?
James L. Arrasmith
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answered on Aug 6, 2023

To determine if "Splash Bag" is trademarked, you should conduct a thorough search of the United States Patent and Trademark Office (USPTO) database or other relevant sources to check for existing registrations or pending applications for the term "Splash Bag." This search will... View More

2 Answers | Asked in Bankruptcy and Collections for Hawaii on
Q: Bankruptcy Creditor counsel in Hawaii ?
Timothy Denison
Timothy Denison
answered on Jul 27, 2023

Check with Martindale Hubbell or Avvo.

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