Report Title:

Judgment Liens

Description:

Changes requirement for the debtor's social security number to just the last four digits when recording a judgment, order, or decree for lien purposes. Clarifies that liens do not continue beyond the time period that the judgment, including its underlying order or decree, is in force. Clarifies that liens apply to judgments, including their underlying orders and decrees. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2899

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to judgment liens.

 

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

SECTION 1. Section 636-3, Hawaii Revised Statutes, is amended to read as follows:

"§636-3 Judgment, lien when. Any money judgment, including its underlying 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 [ten years after the date of the judgment.] the length of time the money judgment is in force. Except as otherwise provided, every judgment shall contain or have endorsed on it the last four digits of the social security number, the State of Hawaii general excise taxpayer identification number, or the federal employer identification number for persons, corporations, partnerships, or other entities against whom the judgment is rendered. If the [judgment] debtor has no social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number, or if that information is not in the possession of the party seeking registration of the judgment, the judgment 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 last four digits of the social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number shall not in any way adversely affect or impair the lien created upon recordation of the judgment. When any [such] judgment is fully paid, the creditor or the creditor's attorney of record in the action shall, at the expense of the debtor, execute, acknowledge, and deliver to the debtor a satisfaction thereof, which may be recorded in the bureau. Every satisfaction or assignment of judgment 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 and for each assignment or satisfaction of judgment shall be as provided by section 502-25.

In the case of registered land, section 501-102 and sections 501-241 to 501-248 shall govern."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.