Won a lawsuit, still no $...suggestions? (island, location, good)

[whtviper1]

No. They've had Hawaii cases on before. You can submit a case to them for them to consider.

[hunterseat]

I really love Pre-Paid Legal. They'd take care of harrassing the stew out of them for ya!

[OpenD]

Originally Posted by longislandicedteaforme

The lawyer referral service is a joke by the way: they all know each other and are in cahoots with one another.

It doesn't matter. You don't need to tell them the details. You just need a lawyer's educated advice about how to go about collecting a judgment in Hawai'i. Find out what you can and cannot do.

For one thing, Hawai'i allows filing a lien against the real estate.

[mommyofmanykids]

LongIslandIcedTea:

I do not profess to be an expert on Hawaii laws/statutes, but I do know the laws and court procedures for a situation like this in the State of Michigan, as I have worked in law firms for the last 15 years...it can't be that much different.

The only reason I am even commenting (I didn't read your thread in detail whatsoever, just skimmed through it) is because I would like to "pay it forward" a bit for all the wonderful advice I have received on this forum about relocating to Hawaii...maybe I can finally be on the giving end instead of the receiving end.

You can have a judgment against someone for a million dollars, but if it's not collectable (i.e. they don't have assets to collect against) then the judgment isn't worth the paper it's written on. Yes, they are good for ten years, but then you must file the appropriate documentation to renew them when they expire if you have been unsuccessful in collecting.

If the person has real estate you can lien (which, by the way, you would only collect on IF and WHEN they ever got around to selling their home and a title search revealed the outstanding judgment, meaning their closing would be held up until it was paid off, otherwise they can't provide clear title to the new owner), or wages you can garnish, a state tax return you can intercept, a checking account you can garnish on a periodic or non-periodic basis, etc)...those are a few methods of collecting what is owed to you.

Issuing each of these documents costs money and is somewhat time consuming - you have to file the requests/writs for each, obtain the court's approval, then send out multiples to various financial institutions, state offices, the Dept. of Treasury, research the equalization records/public records searching for property they have an interest in, etc. or draw up the appropriate liens against real estate and pay to get them recorded at the Register of Deed's office, etc. Sometimes you can even get law enforcement to seize property....but rarely. You would have to research the laws in Hawaii to find out what methods you can legally enforce.

If you aren't aware of their assets, you can most likely issue this individual a subpoena to appear for a debtor's examination under oath. This is an opportunity for you to ask them questions about where they bank (including account numbers, etc.), what assets they own, what money they have, where they are employed, what liquid assets they have, if they are a joint owner in anything, etc....some forms of income are exempt from garnishment, however. There are often percentages of disposable income too...if he is already being garnished for back child support and other creditors, for example, there might not be anything left for you.

Even if he has a bit of net equity in something you could attach your judgment to, you would need to be a senior lien holder in order to collect most of the time....if you are junior and way down the line (they are typically filed by date historically), then others would probably collect what is owed to them before you would. (If they owe $50K to the bank and you are 2nd in line and only owed $5K and their property is only worth $45K, you're outta luck.)

I could go on and on...but again, I can't say with any certainty whether this will apply in HI. Unfortunately, people win lawsuits all the time, but can also spend just as much money in pursuing a deadbeat....as what was owed to them to begin with

What I'm saying is that you could easily rack up $5K on a lawyer trying to recover your $5K judgment...but if you're doing it just for the principle, have at it

[CyberCity]

Originally Posted by longislandicedteaforme

I won the judgment - less than $5K - but I haven't seen a penny.

How much less than $5K? (weighing effort vs results).

[OpenD]

I'd put a lien on that office building.

In Hawaii, a judgment lien can be attached to real estate only, not to personal property.

How does a creditor go about getting a judgment lien in Hawaii?

To attach the lien, the creditor records the judgment with the Hawaii Bureau of Conveyances.

How long does a judgment lien last in Hawaii?

A judgment lien in Hawaii will remain attached to the debtor's property (even if the property changes hands) for as long as the underlying judgment is valid.

Judgment Liens on Property in Hawaii | Nolo.com

[Jonah K]

Originally Posted by OpenD

I'd put a lien on that office building.

That would only work if the ex-judge actually owns the office building and was foolish enough not put it in a trust or LLC.

[hotzcatz]

Usually, I've always heard it said about how to get payments on judgments: "payment is not a matter of the courts". So far either finding real estate he owns in his own name and putting a lien on it or getting a California collection agency seem the two best options.

[Return2Paradise]

Perhaps it would make a juicy human interest story for a local media outlet? Even if you're unable to collect from the deadbeat (been there, done that), it may serve as a warning to others, and further shame him publicly.

[longislandicedteaforme]

Wow, I haven't been back on the boards since preparing to leave Oahu and settling down here in NorCal...thanks, everyone, for the suggestions.

I'm going to look into collection agencies this week and I have a friend who actually helped get him disbarred who is more than willing to fight the good fight for me since I'm no longer in the area to waste time in the court offices all day.

This douchenozzle has been very slimy/crafty to try and shelter himself and his illegal dealings behind LLCs and cash-only transactions, etc. I will update once I have anything worth sharing. Oh, Return2Paradise, I had first contacted 3 local news stations last fall with photographs and details about his little operation, as soon as I realized just what a POS he was and surprisingly, none of them did jack squat. The whole ordeal really puts a bad taste in your mouth when you see what toads like these are allowed to get away with...