Haw. Rev. Stat. § 636-3

Current through the 2024 Legislative Session
Section 636-3 - Judgment, orders, decrees; lien when

Any money judgment, order, or decree of a state court or the United States District Court for the District of Hawaii shall be a lien upon real property when a copy thereof, certified as correct by a clerk of the court where it is entered, is recorded in the bureau of conveyances. No such lien shall continue beyond the length of time the underlying judgment, order, or decree is in force. Except as otherwise provided, every judgment shall contain or have endorsed on it the Hawaii tax identification number, the federal employer identification number, or the last four digits only of the social security number for persons, corporations, partnerships, or other entities against whom the judgment, order, or decree is rendered. If the debtor has no social security number, Hawaii tax identification number, or federal employer identification number, or if that information is not in the possession of the party seeking registration of the judgment, order, or decree, the judgment, order, or decree shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking recordation of the judgment. Failure to disclose or disclosure of an incorrect social security number, Hawaii tax identification number, or federal employer identification number shall not in any way adversely affect or impair the lien created upon recordation of the judgment, order, or decree. When any judgment, order, or decree is fully paid, the creditor or the creditor's attorney of record in the action, at the expense of the debtor, shall execute, acknowledge, and deliver to the debtor a satisfaction thereof, which may be recorded in the bureau. Every satisfaction or assignment of judgment, order, or decree shall contain a reference to the book and page or document number of the registration of the original judgment. The recording fees for a judgment, order, or decree and for each assignment or satisfaction of judgment, order, or decree shall be as provided by section 502-25.

In the case of registered land, sections 501-241 to 501-248 and part II of chapter 501 shall govern.

The party seeking to record or register a judgment, order, or decree shall redact the first five digits of any social security number by blocking the numbers out on the copy of the judgment, order, or decree to be recorded or registered.

HRS § 636-3

Amended by L 2014, c 19,§ 4, eff. 7/1/2014.
Amended by L 2013, c 119,§ 10, eff. 6/18/2013.
L 1913, c 32, §1; RL 1925, §2435; am L 1929, c 27, §2; RL 1935, §4133; am L 1939, c 15, §1; RL 1945, §10134; am L 1947, c 158, §2; RL 1955, § 232-4; am L 1966, c 33, §6; HRS § 636-3; am L 1972, c 89, §3(a); gen ch 1985; am L 1989, c 47, §16; am L 1990, c 203, §5; am L 1998, c 219, §15; am L 2006, c 155, §1; am L 2008, c 86, §4; am L 2009, c 5, §4 and c 120, §15

Rules of Court

Recordation, see RLC rule 62(e).

Hawaii Legal Reporter Citations

Recordation of judgment lien required. 79 HLR 79-0425.

Recordation, see § 502-31.5.