1st Hawaiian Bank v. Zukerkorn
|1st Hawaiian Bank v. Zukerkorn|
|Court||Hawaii Court of Appeals|
|Citation||633 P.2d 550|
|Date decided||September 4, 1981|
- "Zukerkorn" = Mr. Zukerkorn = defendant = borrower of money
- First Hawaiian Bank = plaintiff = "Bank"
- In 1965, Zukerkorn executed a $6,000 demand note with the Bank
- In 1966, Zukerkorn executed a $2,500 2-year note with the Bank
- Zukerkorn didn't pay anything on these aforesaid bank notes
- In 1973, Zukerkorn was approved on a car loan.
- In 1975, when Zukerkorn applied for a credit card, his application was initially declined, & he was reminded about his un-paid debts. In exchange for agreeing to pay $100/month on his "old" debts, his credit card application was approved.
- In 1976, Zukerkorn made several payment for $100/month to the Bank.
In 1978, the Bank sued Zukerkorn on the 1965 & 1966 debts + the credit card balance.The Bank won a summary judgment in the trial court in Hawaii.
Zukerkorn argued that the bank's collection activity came too late.
- Zukerkorn argued that there was a 6-year statute of limitation on collecting a debt in Hawaii.
Yes. A debtor's new promise to pay a debt triggers a new limitations period for stale debts that would otherwise be un-collectable because of the statute of limitations.Case is remanded.