Lopez v. State

Summary

The Supreme Court of Hawai‘i considers whether a Child Support Enforcement Agency lien recorded in 1997 has priority over an attorney’s lien arising from a later personal-injury action. The court holds that the child-support lien takes priority under Hawai‘i Revised Statutes § 576D-10.5 and that Hawai‘i Revised Statutes § 507-81 does not provide the attorney with a superior or independent property interest in the judgment. The court affirms the Intermediate Court of Appeals.

Holdings

1. A CSEA lien recorded before an attorney's lien arises has priority over the attorney's lien, except as otherwise provided for tax liens.
2. HRS § 507-81 creates a lien securing the attorney's fees; it does not create a superior or independent ownership interest that is immune from a prior recorded lien.
3. HRS § 576D-10.5 is not ambiguous, and equitable or public-policy considerations cannot override the statutes' express lien-priority rules.
4. The application of the lien statutes did not violate procedural or substantive due process.

Questions Presented

1. Whether HRS § 576D-10.5 was ambiguous concerning the priority and reach of a recorded CSEA child-support lien.
2. Whether HRS § 507-81 creates a superior or independent attorney property interest in a judgment that takes priority over a previously recorded CSEA lien.
3. Whether applying the statutory lien-priority scheme violated due process or required priority to be determined by equitable and public-policy considerations.

Disposition

affirmed