The National List of Attorneys - Hawaii
Hawaii Debt Collection Laws
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| Marvin Dang |
Submitted by Marvin Dang
Published by The National List of Attorneys
For more than 30 years, the Law Offices of Marvin S. C. Dang, a Limited Liability Law Company, has assisted local, national, and global clients with their legal needs throughout the State of Hawaii. Since the law firm’s inception in 1981, the firm has used its extensive experience and knowledge to effectively advocate for and represent its clients. The firm is committed to representing its clients and resolving legal matters in a professional and ethical manner. The Law Offices of Marvin S. C. Dang works hard to maintain the high standards that its clients and peers expect of the firm.
Marvin S.C. Dang is the Managing Member of the law firm. He is a former Hawaii State legislator and is currently a registered lobbyist. He is a Director and the immediate past Chair of the Collection Law Section of the Hawaii State Bar Association. He is a member of the National Association of Retail Collection Attorneys (NARCA) and the American Collectors Association (ACA) International. Mr. Dang obtained his Juris Doctor (J.D.) degree from George Washington University Law School. He received his B.A. degree in Political Science from the University of Hawaii at Manoa. He is a graduate of Punahou High School in Honolulu, Hawaii.
Other attorneys in the Law Offices of Marvin S. C. Dang are: Jason M. Oliver, Summer S. Okada, Renee M. Furuta, and Paul T. Holtrop.
1. Foundational Debt Collection Laws
a. Statute of Limitations
Open accounts/written contracts: The Hawaii statute of limitations on open accounts and written contracts is six years. Credit card accounts, loans that do not fall within the ambit of the Uniform Commercial Code, and debts arising under other written agreements all fall under the same six year statute of limitations. Haw. Rev. Stat. §657-1.
Domestic Judgment: A Hawaii judgment originally issued by a Hawaii court has an expiration date and, therefore, it is in the best interest of the judgment creditor to act upon the judgment as soon as possible so that he/she does not lose out on the opportunity to collect on the judgment.
Hawaii law provides that, unless an extension is granted, every judgment and decree of any court of the State shall be presumed to be paid and discharged at the expiration of ten (10) years after the judgment or decree was rendered. Haw. Rev. Stat. §657-5. No action shall be commenced after the expiration of ten (10) years from the date a judgment or decree was rendered unless extended.
An extension of the judgment may be granted if the extension is sought within ten (10) years of the date the original judgment or decree was rendered. An extension will be granted only when: (1) there is notice; and (2) a non-hearing or hearing motion is filed to extend the life of the judgment or decree.
A court will not extend any judgment or decree beyond twenty (20) years from the date of the original judgment or decree.
Download the complete white paper Hawaii Debt Collection Laws.