Terms Used In Hawaii Revised Statutes > Chapter 507D - Nonconsensual Common Law Liens and Frivolous Financing Statements

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Auditor: means the office of the auditor. See Hawaii Revised Statutes 342G-101
• 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.
• Consumer: means a person who buys a beverage in a deposit beverage container for use or consumption and pays the deposit. See Hawaii Revised Statutes 342G-101
• Court: means any court described in the laws of the United States or any state. See Hawaii Revised Statutes 507D-2
• Dealer: means a person who engages in the sale of beverages in deposit beverage containers to a consumer for off-premises consumption in the State. See Hawaii Revised Statutes 342G-101
• Debtor: means a person named as the debtor in a financing statement. See Hawaii Revised Statutes 507D-2
• Department: means the department of health. See Hawaii Revised Statutes 342G-101
• Deposit beverage: means beer, ale, or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and coffee drinks regardless of dairy-derived product content, soda, or noncarbonated water, and all nonalcoholic drinks in liquid form and intended for internal human consumption that is contained in a deposit beverage container. See Hawaii Revised Statutes 342G-101
• Deposit beverage container: means the individual, separate, sealed glass, polyethylene terephthalate, high density polyethylene, or metal container less than or equal to sixty-eight fluid ounces, used for containing, at the time of sale to the consumer, a deposit beverage intended for use or consumption in this State. See Hawaii Revised Statutes 342G-101
• Deposit beverage distributor: means a person who is a manufacturer of beverages in deposit beverage containers in this State, or who imports and engages in the sale of filled deposit beverage containers to a dealer or consumer. See Hawaii Revised Statutes 342G-101
• Financing statement: means a record filed under chapter 490:9. See Hawaii Revised Statutes 507D-2
• Frivolous: means without any basis in law or fact. See Hawaii Revised Statutes 507D-2
• Lien: means a recorded instrument that creates an encumbrance on or affects title or ownership of property. See Hawaii Revised Statutes 507D-2
• Lien claimant: means the person who executes or records or causes or materially assists in causing the lien to be prepared, executed, or recorded. See Hawaii Revised Statutes 507D-2
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• 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

• On-premises consumption: means the consuming of deposit beverages by a patron immediately and within the area under control of the establishment, including bars, restaurants, passenger ships, and airplanes. See Hawaii Revised Statutes 342G-101
• 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
• Program: means the particular combination of waste management methods selected by each county and designed to achieve the objectives of the state and county integrated solid waste management plans. See Hawaii Revised Statutes 342G-1
• Registrar: means the registrar of the land court or the bureau of conveyances. See Hawaii Revised Statutes 507D-2
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.