Implementation of foreign judgment in Hawaii (sister country judgment)

Filing a lawsuit and winning against the opponent is just the first step in the lawsuit. As a judge creditor ("creditor") it is more difficult to gather your judgment on the obligor ("debtor"). We need to find the assets of the obligor and deposit the mortgage on top of it. Occasionally, the debtor has property in another state. In order to gain opportunities to collateralize security interests, creditors must enforce jurisdiction over the state in which the asset is located. If the debtor holds real estate in Hawaii, creditors are in bad luck. In Hawaii, creditors are in the process of enforcing jurisdiction in Hawaii.

Under the law of Hawaii, a creditor who intends to enforce jurisdiction that entered a court outside the state of Hawaii (also known as a judgment of a foreigner or a sister country), jurisdiction as exemplified in the indictment court Court of Hawaii State which jurisdict the judgment on copies of the right. In accordance with Section 636C of the revised clause of Hawaii, the Hawaii Court with foreign jurisdiction shall process this judgment in the same way as the Hawaii Court originally entered. In other words, foreign jurisdiction has similar effect, including for setting mortgages, is enforced, following the same procedure as resuming, withdrawing, or staying as jurisdiction of the state court, defense and proceedings, In a similar way to be satisfied.

The procedures to follow when submitting a foreign judgment to the Hawaii State Court are as follows.

1. Creditors must acquire an exemplary foreign judgment that will ultimately be submitted to the Hawaii Court.

2. The creditor's attorney shall submit a pre-participation application for the application of a foreign judgment. The court in Hawaii will handle the procedure as a special procedure.

3. Creditors need to prepare a written statement of judgment / warrant.

4. The lawsuit set forth in the preceding paragraph for entering a foreign judgment is submitted to the Hawaii Court together with a sufficient copy of the written notice of the judgment and warrant.

5. Shooting cost is as follows.

a. For Hawaiian Circuit Court, a $ 415 fee.

b. In the case of the Hawaii State District Court, a fee of $ 120.

6. Although it is not mandatory, the creditor may submit a copy of the obligor's judgment (or notice of submission).

7. The obligee shall prepare a foreign court notice and a preliminary seal stamp envelope addressed to the obligor and submit documents of the exemplified foreign jurisdiction to the clerk's office.

After the obligee obtains a Hawaii decision for a foreign judgment, the creditor can pursue judgment on the assets of the obligor if there is an asset of the obligor in Hawaii.