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Legal Notes
July - September, 1999 Volume 4 Issue 3

In this issue...

Loaning Money
Chu's Views
Legislative Update
Parking Information

...Bill Shakespeare once wrote "Neither a borrower or a lender be, for loan oft loses, both itself and a friend." The following are some stream of consciousness thoughts regarding loaning money and collecting on debts.

Get it in writing. Written proof is better than oral testimony. Avoid the "I said, they said" argument. It's amazing how two people can remember the same set of facts so differently.
Really know the debtor. Do the words "trustworthy" or "able to pay" come to mind as you hand over the money or the keys?
Get good & valuable collateral. A promise is only as good as the security behind it.
Are you superhuman? Few people can squeeze blood from a stone or cash from a bankrupt.
Can you afford to never collect the debt? Can you afford to say "Adios, money"?
Time is not like fine wine. The end result of more time given to pay off a debt is often a bitter after taste.

 

www.netscape.com/y2k is an interesting web site that provides links to various areas of interest including Small Business and Consumer Y2K information. It covers consumer items like home appliances, cell phones, autos and will let you know whether your specific item in ready for January 1, 2000. This site can be accessed through whichever Internet Service Provider (ISP) you may use (such as America On Line, Compuserve, AT&T Worldnet, GTE).

THE LIFESPAN OF A JUDGMENT


Hawaii Revised Statute Section 657-5 provides that judgments and decrees are good for a period of ten years. This ten year period can be extended for one additional year period if prior to the expiration of the initial ten year period an extension is requested. An extension requires that there be a notice and a hearing. Payment of the judgment and/or bankruptcy may effect the judgment.

CHU'S VIEWS


By the time you receive this, we hope to have our new web site up and running. Check it out. The site contains features which we hope will be useful to you. We will have links to a number of databases and other informative sites. There's even a link for those crude lawyer jokes. We want to provide our clients with a continuing source of reference and legal information.

Our web site has a section for frequently asked questions (FAQs). We still provide answers to basic questions. You may wish to check this first if you have a legal concern. The web site will be available 24 hours a day, 7 days a week, 365 days a year.

The site will also contain selected articles from our newsletter. The web site will be periodically updated. You will now be able to contact us by e-mail, by phone, by fax and through the internet.

Our web site can be found at: http://www.attorneyhawaii.com.

The web site is not intended to replace face-to-face or direct communication with you but it should be considered as an additional tool and resource for our clients.

This issue includes a legislative update. Most of the laws which were passed still need to be signed by the governor.

My favorite new law was a law recently passed in Tennessee which allows citizens of that state to claim & eat "Road Kill." The new law specifically excludes cats & dogs, but possum, songbirds, skunk, toad, coyote & armadillo are fair game. There have been discussions about a chain of Tennessee Road Kill Restaurants. They would feature the ever popular crispy critter sampler platter. The Marketing theme? "Tennessee Road Kill: Tastes good to me."

We hope you have a happy 4th of July and a most enjoyable summer.

Q. If you were to spell out numbers, how far would you have to go to find the letter "A"?
A. All the way to "one thousAnd".

BILLS PASSED BY THE 1999 LEGISLATURE


No matter what your political stripe, you should be aware of the following bills which were passed. The following is not a complete list of all bills, but a brief summary of those bills which were either (1) interesting or (2) may impact you directly.

If you wish to get the entire bill, you can contact the Legislative Reference Bureau (587-0700). You can secure from them your own copy of the entire bill. You can also view the bills online at www.capitol.hawaii.gov.

HB 266, HD2, SD2, CD1 permits an employee to express breast milk during any meal period or break period required by law or by a collective bargaining agreement.

Keep that car seat! HB1, HD1, SD1, CD1 amends the present law to require that children under 4 must be in a child seat. The previous law limited the restrictions to children up to 3 years old.

HB 955 HD1, SD1, CD1 makes it a Class C felony to take sexual photographs or videotape without consent when the person expects privacy. For a Class C felony, you can be imprisoned for up to five (5) years. It is a misdemeanor to possess such material.

SB 947, SD2, HD1, CD1 prohibits its unfair deceptive or abuse of telemarketing acts or practices, including threat, intimidation and provides civil penalties. Tell that to the annoying telemarketer.

HD 1496, HD1, SD1, CD1 prohibits butterfly knives. Don't get lost. HB 161, HD1, SD2, CD1 gives the State or County the right to charge you for their rescue costs.

SB 365, SD1, HD1, CD1 prohibits minors from buying or possessing laser pointers and prohibits adults from using laser pointers to harass other people or animals.

SB 1034, SD1, HD2, CD1. The $1.3 Billion settlement from the tobacco suit will be divided 40% for the States emergency fund, 35% to the Health Department and 25% for anti smoking programs.

HB 1111, HD2, SD2, CD1 protects the State from Y2000 lawsuits unless there was gross negligence.

Act 50 sets forth new requirements for a reverse mortgage. These mortgages tend to involve older owners borrowing against the equity of their property.Act 50 requires counseling for borrowers before entering into reverse mortgage loans.

SB 646, SD2, HD3, CD1 reduced the cost of copying government records from 50 (CENTS) per page to 5 (CENTS) a page. A small step in the right direction.

SB 236, SD1, HD1, CD1 prohibits offering prizes on a drawing or sweepstakes without a conspicuous written disclosure that some or of all prizes may not be awarded and indicating the dates on which winners will be determined.

HB 212, HD1, CD1 provides for a mandatory $500 fine and 48 hours in jail for an adult convicted of driving under the influence of alcohol with a passenger younger than 15 years of age. Is this enough?

SB 638, SD1, SD2, HD2 reduces pyramiding in the excise tax on services and some wholesale goods. The general excise tax will be reduced over a six year period from the present 4% to 0.5% by the year 2006. A small slow step in the right direction.

SB 44, SD1, HD2, eliminates the 4% excise tax for services provided by Hawaii professionals exported out of the State. Thus, if you move out of the State of Hawaii, we will not charge you the 4% general excise tax on our fees.

HB 1017, HD1, SD1, CD1 authorizes the Housing and Community Development Corp. of Hawaii to issue $2.2 Million in tax exempt and revenue bonds. Thus, more Hula Mae mortgage money should be available.

Some notable items which failed to win approval were:

1. Confirmation of Margery Bronster as attorney general.
2. Physician assisted suicide.
3. Tuition waiver for Native Hawaiians.
4. Ban against the cutting of shark's fin in Hawaiian waters.
5. Ban on reduction in personal income tax.
6. Seperation incentives for public employees to retire early.

 

CAVEAT RENTERS

We represent a number of landlords. In these difficult economic times, there are more and more problems pertaining to tenants and the need to proceed to eviction. We can process an eviction for you, if necessary, but we would like to make some suggestions to minimize the need for an eviction.

You should require references for all prospective tenants. You should actually call these references. The tone and nature of the responses may influence your decision as to whether you wish to rent to a particular tenant. The Rental Agreement passes control and possession of your expensive property to another. You should have some insight as to whether the tenants will honor their obligations to you.

You may also check the prospective tenants' ability to pay. There are services such as Telecheck, who will conduct an investigation onto the financial backgrounds of a prospective tenant. There is no guarantee, but it does provide you with an additional level of information so that you can make an informed decision in choosing a tenant for

TRIVIA

A sneeze zooms out of your mouth at over 600 M.P.H.
An average person laughs about 15 times a day
Most American car horns honk in the key of F



In case you didn't see the article in the last newsletter... Our offices are now located in the Pacific Tower at 1001 Bishop St., Suite 1570. If you come to our offices, you may wish to consider parking at Alii Place. Their entrance is on the Diamond Head side of Alakea Street. On that side of the street, you will pass Yong Sing Restaurant with its bright red double moongates, then an outdoor terrace. The next thing you will see is a driveway leading up to their parking structure.
Parking at Alii Place is directly opposite the parking for Pacific Tower. There is a substantial difference in costs, especially if you are visiting us for a substantial length of time. The parking rates for Alii Place is $3 for the first two (2) hours. The charge for parking in Pacific Tower is $3 per half hour. The distance from the two parking structures is basically the same.


A lawyer was on his cell phone, calling a locksmith. "I locked my keys in my car" said the panicked lawyer. "No problem, I should be there in about an hour" replied the locksmith. "Do you think you can make it any sooner?" pleaded the lawyer, "the top is down & it's starting to rain!"


 

Attorneys:
Harold Chu
hchulaw@lava.net

Publisher/Editor:
Cora Anderson
canders@lava.net

Secretaries:
Cora Anderson
Janette Reyes

Printer:
My Printers & Direct Mail Services

Telephone: (808) 523-7544
Facsimile: (808) 526-1231
E-mail: hchulaw@lava.net
http://www.attorneyhawaii.com

 

Copyright © 2009 by Harold Chu. All rights reserved.

The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

 



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