Hawaii debt: six years, and garnishment in small monthly tiers
Hawaii gives creditors six years on any contract debt, written or not. If they win, Hawaii takes far less of a paycheck than federal law would, using small percentage tiers on monthly wages. But the garnishment can start without warning.
The check is free. If a dispute letter will help, it costs $29 ($19 for military, veterans, seniors and people with disabilities) with three follow-ups.
Who is asking you to pay?
Look at the company name at the top of the letter or in the caller ID.
Hawaii at a glance
- Any contract debt
- 6 years (HRS 657-1)
- Garnishment, first $100/month
- 5%
- Next $100/month
- 10%
- Above $200/month
- 20%
- Notice before garnishment
- Not required
- Agencies
- Registered with DCCA, bonded
General information about Hawaii law, with sources below. Not legal advice.
Garnishment in Hawaii
An employer may withhold only 5% of the first $100 of monthly disposable wages, 10% of the next $100, and 20% of everything above $200 (HRS 652-1).
A garnishee summons can be served on your employer without further court proceedings or notice to you. You can ask your employer to show how the garnished amount was calculated, and you have a right to request a hearing if you think it is wrong.
Our page on how to stop wage garnishment sets Hawaii's rule beside the federal limit and the strongest state protections.
Six years for any contract debt
Six years for actions to recover any debt founded on a contract, obligation or liability (HRS 657-1), written or oral, including credit cards and medical bills.
After the 6-year limit runs out, a collector must not sue or threaten to; read what to do about an old debt before paying anything.
Limits vary a lot between states: by comparison, Louisiana sets 3 years and New Jersey sets 6 years for similar debts.
To make a collector prove a debt in Hawaii, send a debt validation letter within the dispute window.
Hawaii residents often hear from national agencies like Transworld Systems and TrueAccord; see our guides to each.
For the court side of a Hawaii debt, from the summons to a possible judgment, see how to defend a debt collection lawsuit.
Collection agencies in Hawaii
Collection agencies must be registered under HRS chapter 443B with the Department of Commerce and Consumer Affairs and post a bond. Hawaii also has its own collection practices law, HRS chapter 480D, which prohibits harassment and other abusive conduct. Under HRS 443B-19, collectors cannot deposit postdated checks early or use them to threaten prosecution.
A written dispute inside the validation period makes a collector stop until it mails verification.
Questions people ask about debt in Hawaii
How much of my wages can be garnished in Hawaii?
Only 5% of the first $100 of monthly disposable wages, 10% of the next $100, and 20% of everything above $200 (HRS 652-1).
Will I be told before my wages are garnished in Hawaii?
Not necessarily. A garnishee summons can be served on your employer without further notice to you, but you can ask for the calculation and request a hearing.
What is the statute of limitations on credit card debt in Hawaii?
Six years under HRS 657-1, which covers any debt founded on a contract, obligation or liability.
Do collection agencies need to register in Hawaii?
Yes, under HRS chapter 443B with the Department of Commerce and Consumer Affairs, and they must post a bond.
Can a collector use my postdated check against me?
Not in Hawaii. HRS 443B-19 bars depositing it early or using it to threaten prosecution.