[Ice_Siren]

I am hoping someone knows the answer to this. I tried to help someone over at CN with kind of the same question and now I have a friend that I am helping that it might pertain to as well.

She moved back to CO from HI for work and all of the original debt was incurred here in CO. Now she is considering moving back to HI and that brings up my question. If the SOL of 3 years passes in CO and it takes 6 in HI, but she lives here in CO at the passing of the 3 year mark would she be safe in HI? I would think if she could prove that she lives/ed here at that time that she would be out of the woods as far as litigation goes in the event of a move?

[Pale Rider]

Some states, such as TX, have in the statutes that if the SOL in the state where the debt was incurred is passed, the debtor cannot be sued in the new state even if the SOL is longer there. We need the statutes for HI to be sure.

[Ice_Siren]

Thanks Pale Rider, I am off to google and I'll post what I find if I can't decipher it. I'll post regardless I guess.

[centex]

The other component to a borrowing statute is in how much time was required for residency to have been satisfied. As an example, one would need to be in Texas for 12 months as a resident before the SOL outlined in the CPRC kicked in.

[Ice_Siren]

§657-6 Four years; causes arising in foreign jurisdiction, etc. Subject to section 657-9, actions for the recovery of any debt founded upon any contract, obligation, or liability, where the cause of action has arisen in any foreign jurisdiction including actions on judgments or decrees rendered in any court not a court of record in any foreign jurisdiction but not such as are brought upon the judgment or decree of a court of record, shall be commenced within four years after the cause of action accrued, and not after. [L 1892, c 26, §1; RL 1925, §2644; RL 1935, §3915; am L 1943, c 139, §2; RL 1945, §10426; RL 1955, §241-6; HRS §657-6]

[Pale Rider]

I found that section also, but the other related section refers to a foreign country. Still trying to find something that refers to another state.

[Ice_Siren]

Thanks Centex, I had never thought about that. What is the CPRC? I am not familiar with that acronym. Is that where I would find out about the residency issue?

[jlynn]

I thought, by definition, a foreign jurisdiction could be another US state?

[Ice_Siren]

And I have decided I love Texans. Ya'll are so helpful

[Pale Rider]

Originally Posted by Ice_Siren

Thanks Centex, I had never thought about that. What is the CPRC? I am not familiar with that acronym. Is that where I would find out about the residency issue?

CPRC = Civil Practice and Remedies Code.

Unfortunately, the HI statutes I found are sorted by number with no titles. Not easy to find the right sections.

[Pale Rider]

Originally Posted by jlynn

I thought, by definition, a foreign jurisdiction could be another US state?

I would have thought that too, but the related section on the post above refers to a case out of the Phillipines, and makes no mention of another state. I just don't want anyone to stop looking if that is not the correct answer, because it looks like normal SOL for debt is 6 years in HI.

[Ice_Siren]

I found an outline about 30 minutes ago, and now I can't seem to find it. They do not make it easy. I had the same thought as Jlynn about the foreign jurisdiction.

[Ice_Siren]

Blah, I found the outline, but I have to have 15 posts to post a URL

[hannah]

Originally Posted by Ice_Siren

Blah, I found the outline, but I have to have 15 posts to post a URL

PM it to me and I'll post it.

[Ice_Siren]

Thanks Hannah, I was busy sucking up...er....engaging in self preservation with Jlynn and managed to get mself to 15 Here is the link:

http://www.capitol.hawaii.gov/hrscur.../HRS_0657-.htm

[Pale Rider]

I saw a definition of "foreign jurisdiction", but again, not sure if it applies to the section we are discussing.

[Ice_Siren]

Judgments and Enforcement:

A judgment issued by the Superior Court of the State of Hawaii may be enforced for a period of ten (10) years and may be renewed for an additional term of ten (10) years. (HRS 657-5.) Upon the recording of a certified copy of the judgment in the Bureau of Conveyances, it becomes a lien on the judgment debtor's real property. (HRS 636-3.)

A judgment creditor may enforce the judgment against the judgment debtor's non-exempt personal property upon the issuance of a writ of execution at any time during the life of the judgment. (HRS 651-31.) A judgment debtor's wages may also be garnished, but the amount which may be withheld cannot exceed 5% of the first $100 per month, 10% of the next $100, and 20% of any amount in excess of $200. (HRS 652-1.)

Confession by Judgment is permissible under the laws of the State of Hawaii. However, this type of judgment may be prohibited in consumer transactions relating to door to door sales, credit sales, residential rental agreement and employment agencies. (HRS 481C-2, 476-13, 373-11(9), 481C-2.)

Foreign Judgment:

The State of Hawaii generally adopts the Uniform Enforcement of Foreign Judgments Act. (HRS 636C.) Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the Stat of Hawaii.

A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court an authenticated copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. The clerk of the court and the creditor are required to mail a written notice of the filing of the foreign
judgment to the judgment debtor at the address given. The notice must include the name and post office address of the
judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. Lack of mailing
notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been
filed. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment issued by the Courts in Hawaii, and may be enforced or satisfied in like manner.

Interest:

Legal rate: 10% per annum. (HRS 478-2.)
Written Contract rate: The parties to a contract may agreed in writting to any rate of interest except that such rate may not exceed 1% per month or 12% per annum in consumer transactions involving obligations that are less than $250,000. (HRS 478-4.)

Judgment rate: 10% per annum on all civil judgments. (HRS 478-3.)

Exemptions:
In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
The State of Hawaii permits a judgment debtor to claim homestead exemption up to an amount of $30,000 in one parcel of real property if he is the head of a household or is 65 years of age or older. For a single person, such homestead exemption is $20,000. If the real property is jointly owned by more than one party, only one exemption may be claimed. (HRS 651-92.)

Personal property which may be exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in the State of Hawaii may include all necessary household furnishings and appliances, books and wearing apparel of the debtor and his family members, jewelry, watches, and items of personal adornment up to an aggregate cash value of $1,000; one motor vehicle up to a value of $1,000 over and above all liens on the vehicle; any combination of tools, implements, instruments, uniforms, furnishing, books, equipment, and any other personal property that are necessary for the debtor's operation of his trade, business, or profession by which he earns his livelihood; one parcel of land, not exceeding 250 sq. ft. in size, in a graveyard; sale proceeds from debtor's property procured six months prior to the execution of the judgment; and wages which were earned within 31 days of the date before the date of the proceeding. (HRS 651-121.)

[jlynn]

Originally Posted by Ice_Siren

Thanks Hannah, I was busy sucking up...er....engaging in self preservation with Jlynn and managed to get mself to 15 Here is the link:

http://www.capitol.hawaii.gov/hrscur.../HRS_0657-.htm

Just wait til you get to 25 posts.