§657-5  Domestic judgments and decrees.  Unless an extension is granted, every judgment and decree of any court of the State shall be presumed to be paid and discharged at the expiration of ten years after the judgment or decree was rendered.  No action shall be commenced after the expiration of ten years from the date a judgment or decree was rendered or extended.  No extension of a judgment or decree shall be granted unless the extension is sought within ten years of the date the original judgment or decree was rendered.  A court shall not extend any judgment or decree beyond twenty years from the date of the original judgment or decree.  No extension shall be granted without notice and the filing of a non-hearing motion or a hearing motion to extend the life of the judgment or decree. [CC 1859, §1051; RL 1925, §2643; am L 1927, c 16, §1; RL 1935, §3914; RL 1945, §10425; RL 1955, §241-5; HRS §657-5; am L 1972, c 105, §1(d); am L 1992, c 74, §1; am L 2001, c 145, §1]

 

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.