Fill and Sign the Hawaii Foreign Judgment Enrollment Hawaii Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF HAWAII ENROLLMENT OF FOREIGN JUDGMENT Uniform Enforcement of Foreign Judgments Act Control Number – HI – EFC - 01 This packet contains the following: 1. Instructions ; 2. Forms ; and 3. Access to Law Summary. NOTES ON COMPLETING THESE FORMS The form(s) in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances the form field and the line will disappear after information is entered. In other cases it will not. This is appropriate and the way the form is designed to function. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Hawaii. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal efect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products ofered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENROLLMENT OF A FOREIGN JUDGMENT A foreign judgment is a judgment entered by a court other than the court of the state where the judgment is sought to be enrolled. Enrolling a judgment allows the judgment creditor or person holding the judgment to enforce it in the state of enrollment and the enrollment creates a judgment lien against the property of the Judgment Debtor. INSTRUCTIONS ON FILING FOREIGN JUDGMENT in compliance with Hawai‘i Revised Statute Chapter 636C - Uniform Enforcement of Foreign Judgments Act. 1. JURISDICTIONAL LIMIT for filing with the District Court of the ____________ Circuit, State of Hawai‘i is $20,000.00. 2. FILING FEE is $30.00, payable to the District Court of the ____________ Circuit. A FOREIGN JUDGMENT filing consists of the following: 1. AFFIDAVIT setting forth the name and address of the judgment debtor(s) and judgment creditor(s). 2. EXEMPLIFIED JUDGMENT which you must obtain from the court that issued the judgment. 3. NOTICE to the judgment debtor(s) regarding the filing of the judgment with the District Court of the First Circuit, State of Hawai‘i. FORMATTING INSTRUCTIONS: 1. Use 8 1/2 X 11 inch paper. 2. Type all documents using large (PICA) type. 3. Prepare one (1) ORIGINAL and one (1) copy for the court, one (1) copy for yourself and one (1) copy per defendant. 4. Use DOUBLE spacing. 5. Sign in Ink. 6. Include a self addressed stamped envelope with all request. The judgment becomes a final judgment of that court when recorded in the Office of the Clerk, and can be readily transferred from one county to another as the final judgment of the enrolling court. See 28 U.S.C. §1738 for statutory requirements for orders which must be extended full faith and credit. States may give full faith and credit without the documentary requirements but they must give full faith and credit if the requirements are met. Enrollment of a foreign judgment in the State of Hawaii is controlled by the Hawaii Uniform Enforcement of Foreign Judgments Act, Hawaii Revised Statutes, Chapter 636C, Sections 636C-1 through 636C-8, inclusive. A Law Summary is available and can be printed for your State. To do so, go to where you located this package and select the Law Summary link under the form title and print. Review the Law Summary before beginning the process of completing the forms. Date ______________________________ ______________________________ ______________________________ ______________________________ Return Name and Address ______________________________ ______________________________ ______________________________ ______________________________ (Name and address of Clerk of Court) Re: [style of case] Dear Sir or Madam: Enclosed for filing are the following: (1) Affidavit in support of request for enrollment if foreign judgment, and (2) a Notice of Enrollment of Foreign Judgment and Request For Enrollment of Foreign Judgment pursuant to the ____________ Foreign Judgment's Act. A filing fee of $__________ is also enclosed. Please return a filed copy to me. Please advise if you need anything further at this time. With kindest regards, I am Sincerely yours, Signature       Type or Print Name Enclosures IN THE DISTRICT COURT OF THE ____________ CIRCUIT ____________ DIVISION State of Hawaii )       ) , Plaintiff ) CIVIL NO. ____________ ) Vs. ) ) )       ) , Defendant. ) ) AFFIDAVIT IN SUPPORT OF REQUEST FOR ENROLLMENT OF FOREIGN JUDGMENT STATE OF __________________ COUNTY OF __________________ PERSONALLY CAME AND APPEARED BEFORE ME the undersigned authority, the within named ______________________________ , Affiant, who states upon his oath that he/she is ________________________ [PLAINTIFF OR ATTORNEY FOR PLAINTIFF], and further states in accordance with the Hawaii Uniform Enforcement of Foreign Judgments Act that the Social Security Number of the Judgment Debtor is ________________________ [if known] and the last known address of the Judgment Debtor ______________________________ is: ______________________________ ______________________________ ______________________________ City, State and Zip Code The complete name and last known address of the Judgment Creditor (Plaintiff) is: ______________________________ ______________________________ ______________________________ City, State and Zip Code Affiant further states that the Judgment is final, and remains unsatisfied, in [whole or part], that the balance of the Judgment which remains unpaid is $ ________________________ and that there is no contest of the judgment pending. ______________________________ Plaintiff or Attorney for Plaintiff State of Hawaii County of ____________ On this ______ day of __________________ , 20 ______ , before me, ________________________ , personally appeared ______________________________ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires:       Type or Print Name IN THE DISTRICT COURT OF THE ____________ CIRCUIT ____________ DIVISION State of Hawaii )       ) , Plaintiff ) CIVIL NO. ____________ ) Vs. ) ) )       ) , Defendant. ) ) REQUEST FOR ENROLLMENT OF FOREIGN JUDGMENT Pursuant to the Hawaii Uniform Enforcement of Foreign Judgments Act you are hereby requested to enroll an Agreed Judgment entered on the ______ day of ____________ , ______ by the ________________________ Court of ____________ County, State of ____________ , Cause No. ____________ in favor of ________________________ against ________________________ in the amount of $ ____________ , plus attorneys fees of $ ____________ . The judgment has been authenticated according to acts of Congress and in accordance with the Act as indicated by the attached Exhibit "A". DATED this the ______ day of ____________ , 20 ______ . __________________________________ [Name of Plaintiff or Attorney for Plaintiff] CERTIFICATE OF SERVICE This is to certify that I, ________________________ [Name of Plaintiff or attorney for Plaintiff], have forwarded this date a true and correct copy of the above and foregoing document, by U.S. Mail, postage fully prepaid, to: Mail, postage fully prepaid, to: Name of Judgment Debtor/Defendant ____________________________________ Address ____________________________________ City, State, Zip ____________________________________ Name of Clerk ____________________________________ Address ____________________________________ City, State, Zip ____________________________________ This the ______ day of ____________ , 20 ______ . _____________________________________ [Name of Plaintiff or Attorney for Plaintiff] IN THE DISTRICT COURT OF THE ____________ CIRCUIT ____________ DIVISION State of Hawaii )       ) , Plaintiff ) CIVIL NO. ____________ ) Vs. ) ) )       ) , Defendant. ) ) NOTICE OF ENROLLMENT OF FOREIGN JUDGMENT Pursuant to the provisions of the Hawaii Uniform Enforcement of Foreign Judgments Act, notice is hereby given that a Judgment entered on the ______ day of ____________ , 20 ______ by the __________________ Court of ____________ County, ____________ , Case No. ____________ in favor of ________________________ and against ________________________ in the amount of $ ____________ , plus attorneys fees in the amount of $ ____________ which was enrolled in the ____________ Court of ____________ County, __________________ on the ______ day of ____________ , 20 ______ . If this Judgment is not paid, execution of same may be commenced within 30 days of the date of filing. DATED this the ______ day of ____________ , 20 ______ . ______________________________ Plaintiff or Attorney for Plaintiff CERTIFICATE OF SERVICE This is to certify that I, ______________________________ [Name of Plaintiff or attorney for Plaintiff], have forwarded this date a true and correct copy of the above and foregoing document, by U.S. Mail, postage fully prepaid, to: Name of Judgment Debtor/Defendant ____________________________________ Address ____________________________________ City, State, Zip ____________________________________ Name of Clerk ____________________________________ Address ____________________________________ City, State, Zip ____________________________________ This the ______ day of ____________ , 20 ______ . ______________________________________ [Name of Plaintiff or Attorney for Plaintiff]