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Hawaii Revised Statutes

Haw. Rev. Stat. § 636-5 (2026)

  Action on judgment; penalty for failure to credit payments

✓ current as of July 2026
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     §636-5  Action on judgment; penalty for failure to credit payments.  Whenever in any action brought on a prior judgment, the complaint fails to credit prior payments on the judgment, the defendant shall be entitled to offset against the true balance due on the judgment an amount double the amount of any such credit in addition to any other penalties by law prescribed in such circumstances unless the plaintiff shall show that the existence or amount of the credit was in bona fide dispute or that the failure to set forth the credit was inadvertent or the result of an honest mistake. [L 1972, c 89, §3(c)]

 

 

Notes of Decisions
Cited in 2 cases, 1999–2009 · leading case: BARNEDO v. Dominguez, 204 P.3d 501 (Haw. App. 2009).
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BARNEDO v. Dominguez, 204 P.3d 501 (Haw. App. 2009). · cites it 2× “See HRS § 636-5 (1993). The evidence in the record on appeal reveals that despite the delivery of Dominguez's payment to Barnedos of the money judgment on January 30, 2007, the funds were not actually made available until after the circuit court filed its "Order Granting…”
Wong v. Gen. Telcourier, Inc., 990 P.2d 107 (Haw. App. 1999). · cites it 2× “In doing so, KSBE was subject to the provisions of HRS § 636-5 (1993) as follows: Action on judgment; penalty for failure to credit payments.”
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