HRS 0657-0005 ANNOTATIONS

Case Notes

Statute does not run during period decree not enforceable due to interest of a life tenant not subject to plaintiff's claim. 20 H. 225.

Applied to action seeking enforcement of promissory note where note was enforceable only as part of final divorce decree. 73 H. 566, 836 P.2d 1081.

Garnishment order conclusively presumed to be paid and discharged upon expiration of underlying judgment. 82 H. 197, 921 P.2d 117.

General scheme of §653-11 and this section is to terminate a judgment when judgment is actually paid or presumed to be paid as a matter of law. 82 H. 197, 921 P.2d 117.

Under this section, judgment, together with all rights and remedies appurtenant to it, are conclusively presumed paid and discharged after ten years unless timely renewed. 82 H. 197, 921 P.2d 117.

Limitations period begins to run on each child support payment as it becomes due; decree creditor may avoid effect of statute of limitations on part of decree debt for which statute has not run by obtaining new decree on unbarred debt. 6 H. App. 201, 716 P.2d 496.

License revocation order is more like administrative order than judgment subject to ten-year limitations period. 9 H. App. 169, 828 P.2d 1287.

Cited: 9 H. 514, 517.

 

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