HI · rules
Haw. Prob. R. 91
AFFIDAVITS OF COLLECTION
Where more than one person has equal standing to present an affidavit of collection, the person holding the asset to be collected shall transfer the asset to the first person who presents an affidavit in proper form, and the transferring person shall thereafter have no liability to any other person. Later claimants who claim that they have greater priority or right to the asset to be collected may bring a proceeding to determine rights to collected assets.
COMMENTARY:
This rule clarifies that the court will consider disputes between conflicting claimants under an affidavit of collection. (Note that to transfer an automobile, there must be coordination with the financing entity which usually holds the Certificate of Ownership, the person seeking the transfer who usually holds the Certificate of Registration, and the county finance department.)
Provenance
- Source
- www.courts.state.hi.us
- Retrieved
- 2026-10-02
- Edition
- supplied-hi-06-2026-07-01
- Content hash
b3fbbefe74647be847d38e759a13206afde37a766f4b87099c8c68c57386152c
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