REPORT TITLE:
Judgment Leins


DESCRIPTION:
Clarifies that the statute of limitions for judgement liens do
not run against the State. (HB1001 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1001
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO JUDGMENT LIENS IN FAVOR OF THE STATE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that notwithstanding the
 
 2 common law doctrine that statutes of limitation do not run
 
 3 against the sovereign state and the general provisions of section
 
 4 657-1.5, Hawaii Revised Statutes, which embody that doctrine,
 
 5 there is confusion as to the duration of judgments in favor of
 
 6 the state, the necessity of the renewal of judgments, and the
 
 7 duration of the lien of judgments when recorded in the bureau of
 
 8 conveyances.  The legislature further finds that the interests of
 
 9 justice would be served by the enactment of specific statutes to
 
10 clarify issues of renewal and duration of judgments in favor of
 
11 the state and the liens created thereby.
 
12      SECTION 2.  Section 636-3, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "�636-3  Judgment, lien when.  Any money judgment or decree
 
15 of a state court or the United States District Court for the
 
16 District of Hawaii shall be a lien upon real property when a copy
 
17 [thereof,] certified as correct by a clerk of the court where it
 
18 is entered, is recorded in the bureau of conveyances.  No [such]
 
19 lien, other than the lien of a judgment in favor of the State,
 

 
Page 2                                                     1001
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 shall continue beyond ten years after the date of the judgment.
 
 2 Except as otherwise provided, every judgment shall contain or
 
 3 have endorsed on it the social security number, State of Hawaii
 
 4 general excise taxpayer identification number, or federal
 
 5 employer identification number for persons, corporations,
 
 6 partnerships, or other entities against whom the judgment is
 
 7 rendered.  If the judgment debtor has no social security number,
 
 8 State of Hawaii general excise taxpayer identification number, or 
 
 9 federal employer identification number, or if that information is
 
10 not in the possession of the party seeking registration of the
 
11 judgment, the judgment shall be accompanied by a certificate that
 
12 provides that the information does not exist or is not in the
 
13 possession of the party seeking recordation of the judgment.
 
14 Failure to disclose or disclosure of an incorrect social security
 
15 number, State of Hawaii general excise taxpayer identification
 
16 number, or federal employer identification number shall not in
 
17 any way adversely affect or impair the lien created upon
 
18 recordation of the judgment.  When any [such] judgment is fully
 
19 paid, the creditor or the creditor's attorney of record in the
 
20 action shall, at the expense of the debtor, execute, acknowledge,
 
21 and deliver to the debtor a satisfaction thereof, which may be
 
22 recorded in the bureau.  Every satisfaction or assignment of
 

 
 
 
Page 3                                                     1001
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 judgment shall contain a reference to the book and page or
 
 2 document number of the registration of the original judgment.
 
 3 The recording fees for a judgment and for each assignment or
 
 4 satisfaction of judgment shall be as provided by section 502-25.
 
 5      In the case of registered land, section 501-102 shall
 
 6 govern."
 
 7      SECTION 3.  Section 657-5, Hawaii Revised Statutes is
 
 8 amended to read as follows:
 
 9      "�657-5  Domestic judgments and decrees.  Unless an
 
10 extension is granted, every judgment and decree of any court of
 
11 the State shall be presumed to be paid and discharged at the
 
12 expiration of ten years after the judgment or decree was
 
13 rendered.  No action shall be commenced after the expiration of
 
14 ten years from the date a judgment or decree was rendered or
 
15 extended.  No extension of a judgment or decree shall be granted
 
16 unless [the] a motion for extension is [sought] filed within ten
 
17 years of the date of the filing of the original judgment or
 
18 decree [was rendered].  A court shall not extend any judgment or
 
19 decree beyond twenty years from the date of the original judgment
 
20 or decree.  No extension shall be granted without notice and a
 
21 hearing. Nothing contained herein shall limit the duration of a
 
22 judgment, decree, or restitution order that is part of a judgment
 

 
 
 
Page 4                                                     1001
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 in favor of the State or require the State to obtain an extension
 
 2 order therefor."
 
 3      SECTION 3.  Statutory material is to be repealed is
 
 4 bracketed.  New statutory material is underscored.
 
 5      SECTION 4.  This Act shall take effect upon its approval.
 
 6