How to Respond to a Debt Collection Lawsuit in Hawaii
The deadline to answer a debt lawsuit in Hawaii, where to file, and what happens if you don't respond.
Short answer: 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
| 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. |
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| 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) |
| 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 |
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
More Hawaii debt & collections
- Statute of Limitations on Debt in Hawaii
- Wage Garnishment in Hawaii
- What Creditors Can't Take in Hawaii
- All Hawaii debt & collections rules
FAQ
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.
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 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.
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.