Application for a Lien / Notice of Lien

APPLICATION FOR A LIEN AND NOTICE OF LIEN

State of Hawaii — Haw. Rev. Stat. § 507-43

Do not serve this document as a private “pre-lien notice.” Section 507-43 requires a court filing consisting of an Application For A Lien accompanied by a Notice Of Lien. The court process, service, and hearing must be coordinated before the 45-day filing deadline expires.

1. CIRCUIT COURT CAPTION

Property circuit: [CIRCUIT]

Property address: [ADDRESS]

Tax Map Key: [TMK]

2. APPLICATION FOR A LIEN

Applicant [CLAIMANT LEGAL NAME] applies under Haw. Rev. Stat. §§ 507-42 and 507-43 for an order directing a mechanic's and materialman's lien to attach to the property described below.

2.1 Applicant

• Legal name: [CLAIMANT]
• Entity or individual status: [STATUS]
• Address: [ADDRESS]
• Telephone and email: [CONTACT]
• Contractor license information, if applicable: [LICENSE / NOT APPLICABLE]

2.2 Property

• Owner or owners: [NAMES]
• Persons known to have an interest in the property: [NAMES AND INTERESTS]
• Street address: [ADDRESS]
• Tax Map Key: [TMK]
• Legal description sufficient to identify the property: [INSERT OR ATTACH EXHIBIT A]

2.3 Contracting and Project Parties

• Party or parties who contracted for the improvement: [NAMES]
• General contractor: [NAME]
• Person who contracted directly with Applicant: [NAME]
• Mortgagees or other encumbrancers, if included: [NAMES / UNKNOWN / NOT LISTED]
• General contractor's surety, if included: [NAME / UNKNOWN / NOT LISTED]

2.4 Labor or Material Furnished

Applicant furnished the following labor, services, or material for the improvement:

[CLEAR DESCRIPTION]

• First furnishing date: [DATE]
• Last furnishing date: [DATE]
• Date the improvement was completed under applicable Hawaii law: [DATE]
• Source used to determine completion: [DOCUMENTS / FACTS]

2.5 Amount Claimed

Applicant alleges that $[AMOUNT] remains due for the labor or material described above.

2.6 Assignment, If Any

☐ The claim has not been assigned.

☐ The claim was assigned by [ASSIGNOR] to Applicant on [DATE].

2.7 Requested Order

Applicant requests a hearing on whether probable cause exists to permit the lien to attach and, after notice and hearing, an order directing a lien to attach in the amount the Court determines is the reasonable probable outcome of any dispute.

3. NOTICE OF LIEN

TO EACH RESPONDENT:

[CLAIMANT] has filed the accompanying Application For A Lien concerning the property at [ADDRESS / LEGAL DESCRIPTION]. Applicant claims $[AMOUNT] for [LABOR OR MATERIAL] furnished for the improvement.

The Court will hold a hearing on [DATE] at [TIME] in [COURTROOM / ADDRESS] to determine whether probable cause exists to permit a lien to attach. The return date must be not fewer than three and not more than ten days after service. A person entitled to notice may offer testimony and documentary evidence concerning probable cause and the amount of the requested lien.

Court-approved hearing information must be inserted before service. Do not select a hearing date without coordinating with the clerk and Hawaii counsel.

4. FILING AND SERVICE CHECKLIST

4.1 Filing Deadline

The Application and Notice must be filed in the circuit court for the circuit where the property is situated not later than 45 days after completion of the improvement. The statute does not measure this deadline from the claimant's last furnishing date.

• Completion date: [DATE]
• Forty-fifth day: [DATE]
• Planned filing date: [DATE]

4.2 Required Service

Serve copies of the filed Application and Notice in the manner prescribed for service of summons on:

☐ Owner of the property

☐ Each person with an interest in the property

☐ Party or parties who contracted for the improvement, if different

☐ General contractor

If a person entitled to notice cannot be served as prescribed, § 507-43 permits notice by posting on the improvement. Use posting only after Hawaii counsel confirms the statutory predicate and proof required.

4.3 Hearing Window

• Date of service: [DATE]
• Earliest permissible return date (three days after service): [DATE]
• Latest permissible return date (ten days after service): [DATE]
• Scheduled return date: [DATE]

No order directing the lien to attach may be entered before the contracting party, general contractor, and owner have been served and given an opportunity to appear.

5. SIGNATURE

DATED: [CITY], Hawaii, [DATE].

[CLAIMANT LEGAL NAME]

By: _______________________________

Name: [NAME]

Title: [TITLE]

Attorney for Applicant, if filed through counsel:

[ATTORNEY NAME / BAR NUMBER / ADDRESS / CONTACT]

6. SOURCES AND REFERENCES

• Haw. Rev. Stat. § 507-42: https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0507/HRS_0507-0042.htm
• Haw. Rev. Stat. § 507-43: https://www.capitol.hawaii.gov/hrscurrent/vol12_ch0501-0588/HRS0507/HRS_0507-0043.htm