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JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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Resolved Question:

Regarding the link above, you answered a question for someone and I had an additional question. Regarding the statute of limitations, if the deficiency judgment hasn't been paid within 10 years, can someone still place a lien on another property that's being sold right now, after the 10 years has passed to pay for the deficiency judgment?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 7 years ago.
Hi Iwalani:

Hawaii has a 10 year statute of limitations on the collection of a judgment, but that 10 year term may be renewed for an additional 10 years if the renewal occurs before the first ten-year period expires (see Hawaii Revised Statute 657-5, HERE).

If the 10 year term has expired and the plaintiff failed to extend the 10 year term before the expiration, and nothing extended the 10 year period, like a life tenant living on the property who was not subject to the judgment, then presumably the judgment may not be collected now.

Hope this helps!

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Edited by Joseph Ross on 11/5/2009 at 3:56 AM EST
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