Hawaii Revised Statutes
443B. Collection Agencies
443B-11 Action on collection agency bond.

§443B-11 Action on collection agency bond. If a collection agency has failed to account for and pay over the proceeds of any collection made, the client shall have, in addition to all other legal remedies, a right of action in the client's own name on the bond given pursuant to this chapter and the total of all recoveries from the sureties shall not exceed the face of the bond. Upon entering judgment for plaintiff in any action on the bond required by this chapter, for more than any sum which may have been tendered in court by the defendant, the court shall include in the judgment reasonable compensation for the services of plaintiff's attorney in the action. [L 1987, c 191, pt of §1]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 25. Professions and Occupations

443B. Collection Agencies

443B-1 Definitions.

443B-2 Powers and duties of the director.

443B-3 Registration required.

443B-3.5 Designation as exempt out-of-state collection agency; limitations on business practices; fees; disciplinary action.

443B-4 Application for registration.

443B-4.51 Certificate of registration.

443B-4.52 Notice of termination of business.

443B-4.53 Termination of business and surrender of certificate of registration. Within ten days after termination of the business, the registrant shall surrender the certificate of registration to the director. [L 1990, c 246, pt of §1]

443B-4.54 Notification of change. Every collection agency shall notify the director in writing of any material change at any time during the application process or the period of registration. [L 1990, c 246, pt of §1]

443B-4.55 Single act; evidence of practice. Evidence that a collection agency has committed any act which is prohibited by this chapter shall be sufficient to justify the remedies set forth in this chapter, without proof of a general course of conduc...

443B-4.56 Transfer of registration. No registration, including the rights, privileges, and obligations thereof, shall be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by...

443B-4.57 Fine, revocation, suspension, termination, denial of registration, renewal of registration, or restoration of registration.

443B-4.58 Biennial renewal requirement.

443B-4.59 Restoration of forfeited registration.

443B-4.60 Collecting without a registration. Any collection agency whose registration has been terminated but continues to conduct business as a collection agency shall be engaging in an unregistered activity, and any agency so engaged, and any emplo...

443B-4.61 REPEALED.

443B-4.62 Audits.

443B-4.63 Furnishing deceptive forms. It is unlawful for any person who is not a registered collection agency to design, compile, or furnish any form knowing that the form could be used to create a belief in a debtor that the person who designed, com...

443B-6 Place of business; principal collector.

443B-7 REPEALED.

443B-8 Manner in which records, funds, and other forms of indebtedness are to be kept by collection agencies.

443B-9 Collection, attorney's, or commission fees; exception.

443B-10 Reports and payments by agency.

443B-10.5 Fiduciary responsibility. Each collection agency shall be considered a fiduciary with respect to its clients and shall keep and disburse funds collected on its client's behalf in strict compliance with any agreement made with a client and w...

443B-11 Action on collection agency bond.

443B-12 Remedies not exclusive.

443B-13 Jurisdiction of courts.

443B-14 Penalties.

443B-15 Threats or coercion.

443B-16 Harassment and abuse.

443B-17 Unreasonable publication.

443B-18 Fraudulent, deceptive, or misleading representations.

443B-19 Unfair or unconscionable means.

443B-20 Unfair competition, unfair or deceptive acts or practices.

443B-21 Severability.