Hawaii Judgment: Types, Records, Duration, and What to Expect

A judgment is a pronouncement by a court that resolves a dispute and establishes the rights and obligations of all parties involved in a case. In Hawaii, judgments may result from lawsuits related to criminal or civil matters, debt collection cases, family law matters, and property disputes.

What Is a Judgment in Hawaii?

Under Rule 54 of the Hawai’i Rules of Civil Procedure, a judgment is defined as a final decision of a court that concludes a case. It often includes any decree or order that forces one party to pay money, transfer property to another, or stop certain actions.

Judgments carry authority that is legally binding on all parties involved in the case. Once entered, it must be fulfilled willingly by both parties or enforced through authorized collection methods under state law. All types of judgments in Hawaii have severe financial and legal consequences for the defendant until they are satisfied or expire.

Types of Judgments in Hawaii

Generally, courts in Hawaii issue different kinds of judgments depending on the nature of the case, such as:

Money Judgments

Money judgments are injunctions granted by the courts when a debtor is required to pay a creditor a specific sum of money. These kinds of judgments usually stem from unpaid bills, contract disputes, or damages awarded in civil lawsuits.

Default Judgments

In line with Section 636-15 of the Hawaii Revised Statutes (HRS), a default judgment is issued by a judge for several reasons. These include a situation where a defendant fails to respond to a lawsuit or appear in court proceedings. In these cases, the court generally grants a judgment in favor of the plaintiff.

Property or Lien Judgments

A property lien is issued by the court for creditors to recover their funds from a debtor’s property, such as real estate or other high-value assets. A judgment lien may only be applied to a debtor’s real estate in Hawaii and not to personal property.

Family Court Judgments

These are court judgments related to family-related matters such as divorce, child support, custody and visitation, or alimony. These judgments take immediate effect and are strictly enforced in line with the Hawaii Family Court Rules.

Criminal Restitution Judgments

In certain criminal cases, Hawaii courts order defendants to pay restitution to their victims. Section 706-647 allows victims of crime to enforce a criminal restitution order in a civil judgment, and it remains in effect until fully paid.

How to Search for Judgments in Hawaii

Hawaii judgment records typically provide information about the judgment date, case number, amount ordered, court location, and names of the parties involved in the case.

Judgments are listed as part of Hawaii’s public records, and individuals may access them in several ways, including:

• Hawaii State Judiciary eCourt Kokua System – This online portal enables record seekers to search for civil, criminal, and family court cases, including judgments. They may search for the records by using the case number or party name as a search criterion on the portal.
• CircuitCourtClerk’sOffices – Individuals may visit a courthouse and obtain non-certified or certified copies of court records, including judgments, from the clerk’s offices. If an individual is unable to visit the courthouse, they may submit a written request to purchase court records.
• Third-Party Services – Some providers compile judgment data from multiple courts in different circuits in the state. However, the official eCourt Kokua portal is the most accurate and preferable to other service providers.

Judgment Records in Major Hawaii Counties

Hawaii’s unified court system is the same for all four counties, though records are handled locally by each circuit. Their contacts are listed below:

• Honolulu (Oʻahu – First Circuit): The public may access judgment records online through the eCourt Kokua portal or in person at the Honolulu District and Circuit Courts.
• Hilo/Kona (Hawaiʻi County – Third Circuit): Records are available online or at the Clerk of Court offices in Hilo or Kona.
• Wailuku (Maui County – Second Circuit): The public may view Wailuku County court records online via eCourt Kokua or access the documents in person at the local courthouse.
• Līhuʻe (Kauaʻi County – Fifth Circuit): Individuals may search for judgment records online through the eCourt Kokua portal or request them in person at the Kauaʻi Courthouse.

How Long Does a Judgment Last in Hawaii?

In Hawaii, a civil judgment is valid and may be enforced for 10 years from when it is entered. Before the 10 years are up, creditors can renew the judgment to make it valid for another 10 years. This can be done repeatedly, and when done correctly, judgments may be enforced for many years to come.

What Happens After a Judgment Is Entered in Hawaii?

Once a judgment is entered in Hawaii, creditors are legally empowered to collect their rights from the debtors. The debtors, upon refusal to pay their debts, may face legal and financial consequences.

For Creditors:

• Wage Garnishment: Creditors may obtain court approval to withhold a portion of the debtor’s wages until the judgment is satisfied.
• Judgment Liens: Creditors enforce a lien on the debtor’s real estate or other property, thus preventing its sale or refinancing until the debt is cleared.
• Bank Levies: With court authorization, funds may be withdrawn directly from the debtor’s bank account.

For Debtors:

• Credit Reporting: Judgments may appear on credit reports, which may lower credit scores and impact access to financial opportunities in the future.
• Satisfaction of Judgment: After receiving full payment, creditors must file a Satisfaction of Judgment form with the court to officially release the debtor from their obligation.
• AppealsorMotionstoVacate: If a judgment was deemed unfair by the defendant, a debtor may appeal for another trial or file a motion to vacate the judgment.