Lopez v. State

In 1997, the Child Support Enforcement Agency (CSEA) recorded a statutory lien on Petitioner’s real and personal property for delinquent child support. More than a decade later, a law firm agreed to Appellant in an unrelated civil action in exchange for one-third of any recovery obtained. The action resulted in an arbitration award in Petitioner’s favor. The State and the law firm disputed whether the CSEA lien had priority over the attorneys’ lien. The circuit court concluded that the CSEA’s statutory lien had priority over Petitioner’s attorneys’ lien. On appeal, Petitioner argued (1) his attorneys’ lien constituted a property interest that was independent from his interest in the judgment, and (2) therefore, equitable and public policy considerations favored giving an attorneys’ lien priority over the CSEA’s lien. The Supreme Court affirmed, holding (1) Haw. Rev. Stat. 507-81 does not provide a superior or independent right for an attorney’s property interest in a judgment over a prior recorded CSEA lien; and (2) accordingly, CSEA’s lien took priority over Petitioner’s attorneys’ lien. View "Lopez v. State" on Justia Law