Hawaii debt statute of limitations

Hawaii limitation periods by type of debt

Hawaii sets a single 6-year period for contract debts.

What the Hawaii statute says

“The following actions shall be commenced within six years next after the cause of action accrued, and not after: (1) Actions for the recovery of any debt founded upon any contract, obligation, or liability, excepting such as are brought upon the judgment or decree of a court;”
Haw. Rev. Stat. § 657-1(1)

“In all actions in the nature of debt, account, or assumpsit, brought to recover any balance due upon a mutual, open, and current account, the cause of action shall be deemed to have accrued from the time of the last item proved in the account.”
Haw. Rev. Stat. § 657-2

Does paying restart the clock in Hawaii?

We have not confirmed Hawaii’s rule from its statute text. In many states a payment or a written acknowledgment can restart the limitations period, so check before you pay anything on an old account.

Hawaii’s own debt collection law

Hawaii's collection practices law (Haw. Rev. Stat. ch. 480D) is meant to protect consumers from unfair, deceptive, coercive, abusive, or harassing conduct by debt collectors collecting consumer debts; collection agencies are also regulated under ch. 443B.

“This chapter is intended to ensure that consumers are not subjected to unfair, deceptive, coercive, abusive, or harassing conduct in collection activities that are covered by this chapter. This chapter is intended to cover collection activities by debt collectors in collecting consumer debts.”
Haw. Rev. Stat. § 480D-1

If a creditor wins a judgment in Hawaii

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Hawaii rules take over.

How long a judgment lasts

A Hawaii judgment is presumed paid and discharged ten years after it was rendered unless the court grants an extension, which must be sought (by motion, with notice) within those ten years, and no judgment can be extended beyond twenty years from the original judgment.

“Unless an extension is granted, every judgment and decree of any court of the State shall be presumed to be paid and discharged at the expiration of ten years after the judgment or decree was rendered.”
Haw. Rev. Stat. § 657-5

Wage garnishment

Hawaii law sets the garnishable portion of wages (applied after judgment under § 652-1(b)) at 5% of the first $100 per month, 10% of the next $100, and 20% of everything over $200 per month of wages remaining after legally required withholdings, or the weekly equivalent.

“remaining after the deduction of any amounts required by law to be withheld by withholding the amount to be determined as follows: five per cent of the first $100 per month, ten per cent of the next $100 per month, and twenty per cent of all sums in excess of $200 per month, or an equivalent portion of the above amount per week”
Haw. Rev. Stat. § 652-1(a)(4), (b)

Small claims court

Hawaii's small claims division of the district court hears cases for the recovery of money where the amount claimed does not exceed $5,000 exclusive of interest and costs (with exceptions in § 633-30 and separate security-deposit jurisdiction).

“Cases for the recovery of money only where the amount claimed does not exceed $5,000 exclusive of interest and costs, except as provided by section 633‑30;”
Haw. Rev. Stat. § 633-27(a)(1)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Hawaii treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Hawaii?

6 years for credit-card debt and 6 years on a written contract, under Haw. Rev. Stat. § 657-1. The period usually runs from your last payment or the date of default.

Does Hawaii have its own debt collection law?

Hawaii's collection practices law (Haw. Rev. Stat. ch. 480D) is meant to protect consumers from unfair, deceptive, coercive, abusive, or harassing conduct by debt collectors collecting consumer debts; collection agencies are also regulated under ch. 443B. (Haw. Rev. Stat. § 480D-1).

How long does a court judgment last in Hawaii?

A Hawaii judgment is presumed paid and discharged ten years after it was rendered unless the court grants an extension, which must be sought (by motion, with notice) within those ten years, and no judgment can be extended beyond twenty years from the original judgment. (Haw. Rev. Stat. § 657-5).

How much of my pay can be garnished in Hawaii?

Hawaii law sets the garnishable portion of wages (applied after judgment under § 652-1(b)) at 5% of the first $100 per month, 10% of the next $100, and 20% of everything over $200 per month of wages remaining after legally required withholdings, or the weekly equivalent. (Haw. Rev. Stat. § 652-1(a)(4), (b)).

What if I am sued on an old debt in Hawaii?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.