Hawaii Debt Collection Laws: Time Limits, Garnishment and Your Rights
Hawaii debt rules: statute of limitations, wage garnishment limits, protected bank and home exemptions, judgments, collector rules and how to answer a debt lawsuit.
Quick answers for Hawaii
- Time limit to sue on a written contract
- 6 years from when the claim arises, for an action to recover a debt founded on any contract, obligation or liability. Hawaii uses the same period for written and oral contracts. HRS § 657-1(1)
- Wage garnishment limit
- Garnishment of wages is limited to 5% of the first $100 per month, 10% of the next $100, and 20% of everything over $200 per month (after legally required withholdings), or the weekly equivalent. HRS § 652-1(a)(4), (b); HRS § 651-121(6)
- Money protected in a bank account
- No general dollar exemption for bank accounts in the personal property exemption statute. Pay for services in the 31 days before the proceeding is exempt, and exempt federal benefits keep their protection under federal law. HRS § 651-121
- Answering a debt lawsuit
- In a small claims case, no written answer is required, but the defendant must appear at the hearing; failing to appear can result in a default judgment. Denying the claim preserves the defendant's defenses. Rules of the Small Claims Division of the District Courts, Rules 3(a), 6(a), 10
Last verified: 2026-10-26
Time limits
| Time limit to sue on a written contract | 6 years from when the claim arises, for an action to recover a debt founded on any contract, obligation or liability. Hawaii uses the same period for written and oral contracts. Source: HRS § 657-1(1) |
|---|---|
| Time limit for credit cards and open accounts | 6 years, the same as other contract debts, including credit card and open accounts. Source: HRS § 657-1(1) |
| How long a judgment lasts | A judgment is presumed paid after 10 years unless extended. The creditor must ask the court to extend it, by motion with notice, within 10 years of the original judgment. No judgment can be extended beyond 20 years from the original judgment. Source: HRS § 657-5 |
If you are sued
| Answering a debt lawsuit | In a small claims case, no written answer is required, but the defendant must appear at the hearing; failing to appear can result in a default judgment. Denying the claim preserves the defendant's defenses. |
|---|
Garnishment and what creditors can't take
| Wage garnishment limit | Garnishment of wages is limited to 5% of the first $100 per month, 10% of the next $100, and 20% of everything over $200 per month (after legally required withholdings), or the weekly equivalent. Wages earned in the 31 days before the proceeding are also exempt from attachment and execution. The federal limit applies if it protects more. § 651-121: https://data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0651/HRS_0651-0121.htm |
|---|---|
| Money protected in a bank account | No general dollar exemption for bank accounts in the personal property exemption statute. Pay for services in the 31 days before the proceeding is exempt, and exempt federal benefits keep their protection under federal law. Source: HRS § 651-121 |
| Homestead exemption | An interest in one parcel of real property in Hawaii worth up to $30,000 (over prior recorded liens) if the owner is head of a family or 65 or older; $20,000 for other owners. Only one exemption per parcel. Source: HRS § 651-92(a) |
| Vehicle exemption | One motor vehicle up to $2,575 in value over liens, measured by wholesale used-car guide prices. A vehicle needed for the debtor's trade or business may also be exempt as a tool of the trade. Source: HRS § 651-121(2), (3) |
Debt collectors and interest
| State debt collection law | Yes. HRS chapter 480D bans unfair, deceptive, coercive, abusive or harassing conduct by creditors and others who regularly collect consumer debts owed to themselves (businesses not regulated as collection agencies). Collection agencies are covered separately by HRS chapter 443B. Source: HRS §§ 480D-1, 480D-2 |
|---|---|
| Debt collector licensing | Yes. A collection agency must register with the state (Department of Commerce and Consumer Affairs) before collecting from anyone who lives or does business in Hawaii. Registration requires a bond, a regular active business office in Hawaii, and a designated principal collector. Source: HRS § 443B-3 |
| Interest rate limits | Judgments bear interest at 10% a year. Without a written contract rate, the legal rate is also 10% a year. Source: HRS §§ 478-3, 478-2 |
Where to get help in Hawaii
- Hawaii Department of Commerce and Consumer Affairs (collection agency registration; Regulated Industries Complaints Office)
- File a complaint or claim
Debt & Collections FAQ
What is the statute of limitations on debt in Hawaii?
6 years from when the claim arises, for an action to recover a debt founded on any contract, obligation or liability. Hawaii uses the same period for written and oral contracts.
How long can a creditor sue on a credit card debt in Hawaii?
6 years, the same as other contract debts, including credit card and open accounts.
How long does a court judgment last in Hawaii?
A judgment is presumed paid after 10 years unless extended. The creditor must ask the court to extend it, by motion with notice, within 10 years of the original judgment. No judgment can be extended beyond 20 years from the original judgment.
How much of my wages can be garnished in Hawaii?
Garnishment of wages is limited to 5% of the first $100 per month, 10% of the next $100, and 20% of everything over $200 per month (after legally required withholdings), or the weekly equivalent. Wages earned in the 31 days before the proceeding are also exempt from attachment and execution. The federal limit applies if it protects more.
How much money in a bank account is protected from creditors in Hawaii?
No general dollar exemption for bank accounts in the personal property exemption statute. Pay for services in the 31 days before the proceeding is exempt, and exempt federal benefits keep their protection under federal law.
What is the homestead exemption in Hawaii?
An interest in one parcel of real property in Hawaii worth up to $30,000 (over prior recorded liens) if the owner is head of a family or 65 or older; $20,000 for other owners. Only one exemption per parcel.
Can a creditor take my car in Hawaii?
One motor vehicle up to $2,575 in value over liens, measured by wholesale used-car guide prices. A vehicle needed for the debtor's trade or business may also be exempt as a tool of the trade.
What debt collection practices are illegal in Hawaii?
Yes. HRS chapter 480D bans unfair, deceptive, coercive, abusive or harassing conduct by creditors and others who regularly collect consumer debts owed to themselves (businesses not regulated as collection agencies). Collection agencies are covered separately by HRS chapter 443B.
Do debt collectors need a license in Hawaii?
Yes. A collection agency must register with the state (Department of Commerce and Consumer Affairs) before collecting from anyone who lives or does business in Hawaii. Registration requires a bond, a regular active business office in Hawaii, and a designated principal collector.
What is the maximum legal interest rate in Hawaii?
Judgments bear interest at 10% a year. Without a written contract rate, the legal rate is also 10% a year.
How do I respond to a debt collection lawsuit in Hawaii?
In a small claims case, no written answer is required, but the defendant must appear at the hearing; failing to appear can result in a default judgment. Denying the claim preserves the defendant's defenses.
Debt & Collections in other states
More Hawaii law
- Hawaii tenant rights & landlord-tenant law
- Hawaii small claims court
- Hawaii wills, probate & estates
- Hawaii protective & restraining orders
- Hawaii employment law
- Hawaii unemployment benefits
- Hawaii divorce & family law
- Hawaii expungement & criminal records
- Hawaii traffic tickets & dui
- Hawaii personal injury & wrongful death
- Hawaii workers' compensation
- Hawaii foreclosure & homeowner law
- Hawaii consumer protection
- Hawaii starting an llc & small business
- Hawaii bankruptcy
- Hawaii car insurance & vehicle laws
- Hawaii criminal law
- Hawaii gun laws
- Find a lawyer or free legal help in Hawaii
- All Hawaii law guides
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.