Hi, I live in Hawaii on the island of Kauai. A couple weeks ago I bought a used car from a private party on the island of Oahu and made an appointment to have the car shipped over to Kauai about two weeks from now. Today I went into my local DMV to have the title transferred to my name only to find that the car has a lien on it from the state tax department. If I cannot get a hold of the seller to take care of getting the lien released, what then? Am I stuck with paying his tax burden if I want the sale to complete? He walked with $5000 cash which I borrowed from a friend based upon an insurance claim on my existing car which was totaled by my insurance company in a recent flood when it rained 9 inches in 3 hours here. I have to surrender that car soon and they will pay me so I can pay that loan back but then I have no car here on Kauai and one car of dubious ownership over on Oahu parked at a friend's house. I was planning on going over and taking it to the barge but without the paperwork in my name I doubt if they will accept it for transit. Does the car belong to the tax department no? Am I in possession of stolen property? If I could bring it over here while trying to figure out what to do would I be breaking the law? When a state puts a tax lien on property of a person who is in arrears do they send a registered letter notifying them of the lien? It could be that the seller was unaware of the lien but if the usual protocol is to advise with certification and he sold the car to me anyway, is that a crime? Have you ever heard of a tax authority releasing the lean by mercy rather than payment? I'm a 74 year old disabled Vietnam veteran on a fixed income and don't have much resources to draw upon. Is this just a case of caveat emptor and it was up to me to make sure the title was clear before buying it? The title did not show any lien holder as a second signee needed. I sure hope you have some answers or pointers for me. I don't think I will get much sleep tonight. thanks, David email@example.com...Read More
Contractor Monthly payment application - the contractor, is billing for materials not yet incorporated on-site and not yet delivered to the site or to the contractor. the contractor indicated they are billing so they can pay the advance payment for shop drawings to start. The project has performance and payment bonds. Are the two bonds or any of these bonds sufficient to insure the advance payment in case the project is not completed, and the material is not yet on-site?...Read More
A property lien was paid in full in June 2020. I live in Hawaii. It was only after I tried to refi my house for a lower interest rate did I learn that (2) of the liens were not processed and the company did not file a satisfaction of these liens until last week....is it true that I can get damages in the amount of $1,500 for each lien that was not processed...due to the company not releasing the liens it caused me many many delays in my refinancing process and I almost could not close in the refi.......Read More
We have made wood products for a Sub contractor. Its been 6 months and keep pushing payment and now he offered %50 of the payment. I was told by the Main Contractor that there were no bond on the project, witch I find hard to believe. It was a big Remodel project at Turtle Bay Resort, Hawaii.
I saw that the sub contractor have a bond, ( Contractor License requirement ) . Can we got after that bond for Payment? I understand that going to court will cost more than what they owe us $9,798.75. Please let me know what are the best option in this case.
Thank you very much
Isabelle Jones...Read More
We have already started a project and rendered 60% of the services when we discovered unforeseen additional services needed in order for the completion of the project.
After we have sent the unforeseen proposal and new scope of work the customer, is now dormant and none respondent.
We have already provided labor and the materials are currently staged on the property, and we had to make many attempts to reach them and visit on many occasions, after finally reaching them, they say they will send an email authorizing us to resume the work.
They never did, and sporadically send emails with questions, and never led to us resuming the work.
Now there is a storm and water is coming in, they sent an email requesting almost declaring for us to meet with them, we met the request and did not allow us to access the roof to make the assessment of the current conditions.
They are now saying they have had more leaks, ever since we worked on the roof, which is understandable because they cut us off from completing the work., and almost a year has past
What is your recommendation regarding the legal course of action we should proceed with at this point?...Read More