Legal Question in Civil Litigation in Hawaii

Over the past 3 years, I had hired an attorney to try and get a person who owes me over $130,000,00 (now almost $150,000.00 with interest and attorney's fees) to pay me back. My attorney did go though the "legal system" and a final judgment was entered in my favor in November 2007 and recorded in the Bureau of Conveyances in the State of Hawaii. However, that was the end of it. To try and garnish wages (and let me tell you, they have the money!) was going to cost another thousands of dollars and I have already spent so much money to this point. Why can't garnishing someone wages when I have a final judgment, take so much money and why is it so hard? These people live a lavish life style, and I did them a favor when they needed money to remodel their house. What can I do at this point?


Asked on 5/25/10, 4:55 pm

1 Answer from Attorneys

Jon Zahaby Tour bus, scenic and sightseeing, operation

I attended an advanced procedure seminar last week where a 40 year seasoned attorney asked if any of us in the audience were successful at collecting judgments and if you are to please come to the front and teach the remainder of the class. Pre-litigation advice to clients should mandatorily include the disclosure that you will have only a piece of paper at the end of the trial or settlement saying that the Defendant owes you $x amount of dollars and that the Defendant can always hide assets and funds or file bankruptcy leaving you out of luck. There is a whole new case for Plaintiffs after judgment called motion for issuance of a garnishment/garnishee order and that unfortunately requires additional legal fees if you hire and attorney to do it for you. Your judgment will remain on their title, will show up on their title report, so they will be unable to complete and escrow without your release. However, the best way to proceed with collecting the judgment now is via garnishment order. Additionally, even if you obtain the order you may be in line behind other judgment creditors so you should check to see if Defendants are Defendants in other lawsuits or have other judgments against them before you pay additional legal fees.

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Answered on 5/25/10, 8:19 pm


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