(a) Any claim of lien against a federal, state, or county officer or employee based on the performance or nonperformance of that officer’s or employee’s duties shall designate in the pleading header that the claim is directed to a federal, state, or county officer or employee, and shall be invalid unless accompanied by a certified order from a state or federal court of competent jurisdiction authorizing the filing of such lien.

Terms Used In Hawaii Revised Statutes 507D-5

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Court: means any court described in the laws of the United States or any state. See Hawaii Revised Statutes 507D-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien: means a recorded instrument that creates an encumbrance on or affects title or ownership of property. See Hawaii Revised Statutes 507D-2
  • Nonconsensual common law lien: means a lien that:

    (1) Is not provided for by a specific statute;

    (2) Does not depend upon, require by its terms, or call for the consent of the owner of the property affected for its existence; and

    (3) Is not a court-imposed equitable or constructive lien. See Hawaii Revised Statutes 507D-2

  • Party in interest: means any owner, title holder, mortgagee, or other person holding a recorded or perfected security interest in real or personal property. See Hawaii Revised Statutes 507D-2
  • Registrar: means the registrar of the land court or the bureau of conveyances. See Hawaii Revised Statutes 507D-2
(b) Any claim of nonconsensual common law lien against a private party in interest shall be invalid unless accompanied by a certified order from a state or federal court of competent jurisdiction authorizing the filing of nonconsensual common law lien.
(c) The registrar shall not accept for filing a claim for nonconsensual common law lien unless the claim is accompanied by a certified state or federal court order authorizing the filing of the lien.

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