Hawaii General Liens Questionnaire

State:
Multi-State
Control #:
US-Q1023
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client's needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.
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FAQ

Contact the filing entity directly for detailed information regarding the lien. (For example, contact the Internal Revenue Service and/or Hawaii Department of Taxation for unpaid tax liens.)

Any unpaid state tax, including penalties and interest, constitutes a lien in favor of the state upon all of the delinquent taxpayer's property and rights to property, whether real or personal. ( Haw Rev Stat Sec. 231-33(b) ) A lien may be foreclosed in a court proceeding or by distraint under Haw Rev Stat Sec. 231-25.

Any person claiming a lien shall apply therefor to the circuit court of the circuit where the property is situated. Such "Application For A Lien" shall be accompanied by a written "Notice Of Lien" setting forth the alleged facts by virtue of which the person claims a lien.

Any person claiming a lien shall apply therefor to the circuit court of the circuit where the property is situated. Such "Application For A Lien" shall be accompanied by a written "Notice Of Lien" setting forth the alleged facts by virtue of which the person claims a lien.

After properly recording a lien claim, a claimant must file suit to foreclose the lien within two years after completion of the part of the work for which the lien claimant seeks payment. Illinois courts strictly enforce these deadlines and routinely find liens unenforceable if the deadlines are not met.

After demand and refusal of the amount due or upon neglect to pay same upon demand, the lien may be enforced by action filed in the circuit court of the circuit in which the property is situated.

The Illinois Mechanics Lien Release Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.

Any person who furnishes labor (prime or subcontractor) or materials (material supplier) for your home improvement or renovation project and is not paid can file a claim (lien) in Circuit Court against your property under Hawaii Revised Statutes ("HRS") Chapter 507.

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Hawaii General Liens Questionnaire