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Hawaii Questions & Answers
2 Answers | Asked in Car Accidents, Personal Injury, Consumer Law and Insurance Defense for Hawaii on
Q: Should I hire an attorney after a rear-end car accident with minimal insurance coverage?

I was involved in a car accident where I was rear-ended by an at-fault truck driver, leading to severe damage to my passenger van and damage to the sedan in front of me. The at-fault driver's insurance has minimal coverage ($10,000 for the damaged cars), which won't cover the repair costs... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

A Hawaii attorney could advise best, but your question remains open for a week. I'm sorry about your accident, and the fact that your aggravation is compounded by minimal insurance coverage. It could be a difficult decision here, since the claim could be complex, in terms of involving UM... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Consumer Law and Insurance Defense for Hawaii on
Q: Should I hire an attorney after a rear-end car accident with minimal insurance coverage?

I was involved in a car accident where I was rear-ended by an at-fault truck driver, leading to severe damage to my passenger van and damage to the sedan in front of me. The at-fault driver's insurance has minimal coverage ($10,000 for the damaged cars), which won't cover the repair costs... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

Addendum - 'Sorry... When I answered a second ago, I meant "underinsured motorist" coverage, NOT "uninsured motorist" coverage. I should have proofread my response more slowly and thoroughly before uploading! Good luck

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2 Answers | Asked in Contracts and Collections for Hawaii on
Q: Co-signer auto loan: borrower missed 14 payments, I'm paying. Legal options?

I am the co-signer on an auto loan, and the primary borrower has missed 14 payments. As a result, I am now responsible for making the car payments to avoid further financial consequences. What legal options or actions can I take given this situation?

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 30, 2025

Legal action as far as who? You have no recourse against the lender. You may have a legal recourse against the other borrower if, as a general rule of contract law, you can prove there was an agreement between you two that the other borrower would be responsible for the payments and would hold you... View More

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1 Answer | Asked in Estate Planning and Probate for Hawaii on
Q: My Father died and my step mom is now the owner of the house from what I understand does that mean she can cut me out
Ora Schwartzberg
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Ora Schwartzberg
answered on Apr 21, 2025

You need to find out whether the house was owned with your father as a joint tenant or a tenant in common. If it was in a joint tenancy, you would have not interest in the property. If they own the home as tenants in common, there is a possibility that you have an inheritable interest, especially... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Hawaii on
Q: Can I sue for compensation if a jointly owned property was sold without my authorization in Hawaii?

I own a real estate property jointly, and it was sold without my signature or authorization. I have documentation of my ownership but do not have contact or communication with the other partner. I am uncertain about the exact legal terms of the joint ownership, and I haven't yet obtained... View More

Anthony M. Avery
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answered on Apr 6, 2025

How is your interest listed on the deed? If no deed with your name, you own nothing. If you are a titled owner, then hire a HI attorney to sue all interested parties for ejectment, quiet title, etc. Apparently you were not an owner, and think your partnership made you an owner, which it did... View More

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3 Answers | Asked in Bankruptcy, Foreclosure, Civil Litigation and Real Estate Law for Hawaii on
Q: Can a debt buyer foreclose on a discharged second mortgage in Hawaii?

I am in Hawaii, and a "debt buyer" is attempting to foreclose on my property over a second mortgage. This mortgage was part of a promissory note that was discharged in bankruptcy over five years ago. At that time, my first mortgage was modified to defer past due amounts, while the second... View More

Anthony M. Avery
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answered on Mar 31, 2025

If the debt, apparently a note, was actually discharged in BR, then there is nothing for the mortgage instrument to secure payment of and is void. Check out the BR carefully to make sure the debt was properly listed and discharged. The collection may be in violation of BR law. A possible... View More

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2 Answers | Asked in Trademark, Arbitration / Mediation Law, Business Law and Intellectual Property for Hawaii on
Q: An ex-board member is using my trademark event name without my permission. Do I have standing to issue cease and desist

My family started a public event more than 40 years ago and I took over more than 10 years ago holding this event. I just started the process to trademark the event name. An ex-board member is using the event name and trying to hold the same event without my permission. Do I have standing to send a... View More

Sarah Teresa Haddad
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answered on Oct 14, 2024

If the ex-board member learned of the trademark while being a board member, (and the source of the trademark is the family board) and then the ex-board member started to use the mark unilaterally after leaving the board, then you may have grounds to issue a Cease-and-Desist letter. This may be due... View More

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1 Answer | Asked in Real Estate Law, Business Law and Civil Litigation for Hawaii on
Q: What are my options, if i'm being sued as a guarantor for a loan?

I signed as a guarantor for a loan, as well as I signed as the manager for an LLC that I owned. The loan was secured by a property that was owned by the LLC. The LLC sold the property in a quit-claim deed. To another person with the loans attached to the deed. With the understanding that the... View More

Anthony M. Avery
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answered on Sep 4, 2024

No lender gives money only to a single member LLC. Lender probably does not have to go after any collateral first in a guaranty, but that may be a defense. Deed in lieu of foreclosure may be an option. Breach of contract action against owner may be worth something. Consult with a competent HI... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Hawaii on
Q: How can companies legally use other patented products?

If a product is patented how are other companies able to produce similar if not identical products? For instance coconut oil is patented under 5108775 so how is it legal for thousands of brands of coconut oil using this same method? Or is it irrelevant if it is branded under something else?

Sean Goodwin
Sean Goodwin
answered on Sep 5, 2024

Patents also have a lifespan. Typically, a utility patent only lasts for 20 years from the date of filing the application. After that period, the patent enters the public domain and anyone in that country is free to make and use the technology described in the patent. The patent you referenced... View More

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2 Answers | Asked in Criminal Law, Real Estate Law, Constitutional Law and Government Contracts for Hawaii on
Q: Are Lawyer liable for improper fraud claims?
Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

A Hawaii attorney could advise best, but your question remains open for a week. Do you mean a claim based on factually fraudulent evidence, that the attorney knows to be false? Yes

Or do you mean a claim against a defendant that the attorney is basing on a theory of fraud (as in a...
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1 Answer | Asked in Family Law for Hawaii on
Q: If noncustodial father( lives in ga ) pays cs but has not had any contact with his daughter in over 2 years.

Ncp has been in jail for non payment of child support multiple times from his other children. He has no communication with our daughter and my husband wants to adopt her

Elizabeth S. Cuccia
Elizabeth S. Cuccia
answered on Aug 2, 2024

Under HRS §578-2 Consent to adoption. Consent for adoption may not be necessary under the following conditions:

(c) Persons as to whom consent not required or whose consent may be dispensed with by order of the court.

(1) Persons as to whom consent is not required:

(A) A...
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1 Answer | Asked in Gov & Administrative Law for Hawaii on
Q: No title vehicle. Want to buy

I want to buy a vehicle but it has no title and the last registered owner can't be reached. What do i do to get a title under my name?

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2024

A Hawaii attorney could advise best, but your question remains open for a week. This isn't really a product liability question (the category you chose for the post) - that category is more about injuries from defective products. But that's not important - with the title issue, you could... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Hawaii on
Q: Employer changed the "Location of Accident" on "WC-1 EMPLOYER’S REPORT OF INDUSTRIAL INJURY" is that against the law?

from a chemical contamination, air-polluted hazardous room to a breakroom.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A Hawaii attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a workers' comp attorney, as a general matter, it could be. It depends on the setting - and whether it was done as an innocent correction (clerical related) or something... View More

1 Answer | Asked in Health Care Law for Hawaii on
Q: where to report fraud Medical Records in Hawaii? called several State Agencies, but no one knows where to report to.

please help. Thanks.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A Hawaii attorney could advise best, but your question remains open for a week. If you mean issues dealing with the retrieval of medical records, state departments of health usually deal with those matters, such as setting caps on cost per page copies, retrieval fees, postage, HIPAA compliance,... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Real Estate Law for Hawaii on
Q: I was unfairly targeted by our HOA on miniscule house infraction, while others are not.

Believe this was because I always question their accusation and this is a form of retaliation. I have been served notice of foreclosure due to non payment of fines and lawyers fee. How can I protect my right as homeowner and a senior citizen of 77 years old, living alone on SSI. I have lived in... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a difficult and stressful situation you're facing. As a senior citizen on a fixed income, dealing with potential foreclosure is especially concerning. Here are some steps you may want to consider:

1. Review your HOA's governing documents and bylaws to ensure they followed...
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1 Answer | Asked in Bankruptcy and Employment Law for Hawaii on
Q: I worked for hawaiian Springs. They owe me several paychecks. If they filed for bankruptcy am i able to get money?
James L. Arrasmith
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answered on Jun 26, 2024

To answer this question, let's break down the key points and provide some general information about employee rights in bankruptcy cases:

1. Unpaid wages: You mention that Hawaiian Springs owes you several paychecks.

2. Bankruptcy filing: The company has filed for bankruptcy....
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1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Constitutional Law for Hawaii on
Q: Can I file the fraud on the court and habeas petition As one document

Minor petitioners

James L. Arrasmith
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answered on Jun 22, 2024

Based on the Constitution and legal procedures in the United States:

Filing a fraud on the court claim and a habeas corpus petition as a single document is generally not recommended, as these are separate legal actions with different purposes and requirements:

1. Fraud on the court:...
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1 Answer | Asked in Criminal Law and Federal Crimes for Hawaii on
Q: Can probation get revoked if they got arrested? Arrested isn't convicted

Just because someone got arrested that doesn't mean they picked up a new charge because they were not yet convicted. Would that be grounds for probation revocation or modification?

James L. Arrasmith
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answered on Jun 22, 2024

Getting arrested while on probation can potentially lead to probation revocation or modification, even if the person hasn't been convicted of a new charge. Here's a breakdown of the situation:

1. Probation conditions: Most probation agreements include a condition that the...
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Q: file complaint of discrimination; kicked off from break room; signed a Chemical contained room; got sick since, accused

After I filed a complaint of discrimination; my employer kicked me off from the break room I was using; signed me a men's restroom for my bag and food, I carried my bag with food and work at same time for a week. then my employer signed me to use a Chemical contained, air polluted room; I got... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, it appears you may have grounds for multiple legal claims against your employer. Here's a general overview of potential steps you could take:

1. Document everything: Keep detailed records of all incidents, communications, and any evidence...
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1 Answer | Asked in Civil Litigation for Hawaii on
Q: Breach of Contract? Conversion? Bailment?

A ‘friend’ agreed to store a footlocker for me while I was away. While I was away for four years we stayed in touch however when I returned he said he no longer had the footlocker. In the state of Hawaii does this violate any laws?

Tim Akpinar
Tim Akpinar
answered on Jun 12, 2024

A Hawaii attorney could advise best, but your question remains open for three weeks. It looks like a bailment. Conversion usually requires intent, which isn't detailed in your post. So unless there is further information about acts that indicate something about your friend's state of... View More

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