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Q. I have just been served with a complaint. Can I just write a letter to the attorney who sued me? |
The complaint initiates the legal process against you. Most complaints have a deadline by which you must file a formal response with the Court. This is more than a letter. The Court assumes you know what you are doing. It is generally better to hire an attorney to represent you. |
| Q. What is the difference between mediation and arbitration? | In mediation, a third party attempts to help the parties reach a resolution. In arbitration, the third party makes a decision based upon the facts presented to the arbitrator. Mediation and arbitration are generally faster and cheaper than litigation. |
| Q. I no longer wish to own property jointly with another person. What can I do? | Hawaii law permits a co-owner of real property to file a partition lawsuit action to either divide or sell the jointly- owned property. |
| Q. There is a foreclosure against my property in Hawaii, but I live on the mainland. Am I personally liable? | If the foreclosure sale of the property does not pay off your obligations, the creditors can pursue your assets even if you live in another state. |
| Q. Are there benefits to holding a property as tenants by the entirety? | A Hawaii Supreme Court case gives special protection to a married couple if they take title to property as tenants by the entirety. This protection can be lost through death or divorce. The individual’s situation and need for tax planning must be considered. |
| Q. Is it necessary to record the deed or assignment of Hawaiian real property? | Yes. You want to give constructive notice to the world that you own the property. |
| Q. I am a landlord and I have the tenant's security deposit. What do I need to do? | Hawaii Revised Statutes 521-44(c) provides that the landlord must, within fourteen (14) days of the termination of the Rental Agreement, provide the tenant with written evidence of the costs to remedy the tenant’s default. If the landlord fails to do so, the landlord must return the entire security deposit. |
| Q. Does an agreement need to be in writing? | It is almost always better if your agreement is in writing. Putting it in writing minimizes uncertainty and memorializes the understanding. This could be critical if there are problems later. |
| Q. I’m unhappy with the work of an unlicensed contractor. Do I still need to pay him? | Hawaii law prohibits an unlicensed contractor from bringing a suit for materials and unlicensed services. |
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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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