The Short Answer: Handle does not process the filing of mechanics liens in Hawaii because Hawaii law requires a formal court proceeding to create a lien, not a county recording. The process involves filing court documents, serving parties under civil procedure rules, and appearing before a judge, constituting the practice of law. Claimants pursuing a mechanics lien in Hawaii are advised to work with a Hawaii-licensed attorney.
How Hawaii Differs From Most States
In most states, filing a mechanics lien means preparing a claim document and recording it with the county recording office where the property is located. The county office accepts the filing, stamps it, and enters it into the property’s public record.
Hawaii does not use this system. Under Hawaii law, a mechanics lien is established exclusively through civil litigation. An unpaid contractor or supplier must file an Application for a Lien and a Notice of Lien directly in the circuit court of the county where the property is located. Under Hawaii Revised Statutes §507-43(a), the lien does not attach to the property until the court finds probable cause exists and issues an order directing the lien to attach.
Why Legal Representation Is Required
Our platform is built around the recording-based process used in the majority of U.S. states: we prepare accurate lien documents, ensure they meet statutory requirements, and submit the filing to the appropriate county office within the required deadlines. Filing court documents, ensuring personal service complies with civil procedure rules, and presenting a case before a judge constitutes the practice of law. Non-attorney services are legally prohibited from initiating or managing court proceedings on behalf of another individual or business.
What the Hawaii Lien Process Involves
Securing a lien in Hawaii requires strict adherence to the procedures set out in H.R.S. §507-43:
- Court Filing: The claimant must file an Application for a Lien and a written Notice of Lien directly with the circuit court of the circuit where the property is situated. The application must state the amount of the claim, the labor or materials furnished, and a description of the property sufficient to identify it.
- Personal Service: Copies of the application and notice must be personally served on the property owner, any person with an interest in the property, and the party who contracted for the improvements. Standard mailing is legally insufficient.
- Court Hearing: The application and notice are returnable not less than three nor more than ten days after service. At that hearing, the court determines whether probable cause exists for the lien to attach. Any party served has the right to offer testimony and documentary evidence.
- Filing Deadline: The application and notice must be filed no later than 45 days after the date of completion of the improvement.
- Foreclosure Action: Once the court orders the lien to attach, the lien expires three months after that order unless a proceeding to enforce it is commenced within that time.
What Action You Should Take
If you are seeking payment on a Hawaii construction project, contact a Hawaii-licensed construction attorney as soon as possible. The 45-day deadline from the date of project completion is strict and statutory. §507-43(b). Engaging qualified legal counsel ensures your application is accurately filed, properly served, and professionally represented in court before your lien rights expire.
For any questions, email us at support@handle.com.