Hawaii -- Laws on Wage Garnishment, Statute of Limitations on Debt and Bankruptcy Property Exemptions
WAGE GARNISHMENTS: 95% of first $100, 90% of second $100, 80% of net wages in excess of $200 per month are exempt from garnishment or federal exemptions, whichever is greater.
MAXIMUM INTEREST RATE: Legal: 10% Judgment: 10%
STATUTE OF LIMITATIONS ON ENFORCEMENT:
Open Account and Sale of Goods: 6 years
Written Contract: 6 years
Domestic Judgment: 10 years
Foreign Judgment: 6 or 10 years
BAD CHECK LAW DAMAGES: Damages equal to $100 or triple amount of check, but cannot exceed $500
HAWAII BANKRUPTCY PROPERTY EXEMPTIONS (Hawaii Revised Statutes):
The State of Hawaii exempts the property and income below from seizure by the bankruptcy court to pay creditors:
Real Estate: Real estate used as a residence up to one acre and $30,000 for head of family or if over 65; otherwise up to $20,000 (sale proceeds exempt for six months) [6-651-91, 36-651-92 and 36-651-96]
Personal property: Appliances and furnishings, amount needed for support [36-651-121(1)]; jewelry, up to $1,000 [36-651-121(1)]; clothing, unlimited amount [36-651-121(1)]; burial plot not exceeding 250 sq. feet and tombstones, unlimited amount [36-651-121(4)]; motor vehicle up to $1,000 [36-651-121(2)]; books, unlimited amount [36-651-121(1)]; proceeds from damaged or sold exempt property within last six months, up to exemption amount [36-651-121(5)]; tools, books, furnishings, uniforms, fishing equipment, motor vehicle, miscellaneous personal property, amount needed for work [6-651-121(3)]
How to Deal with Debt Collectors
Federal and State Laws Regarding Debt Collection
State Laws Regulating Wage Garnishments
Insurance / Annuities: Group life insurance policy or proceeds, unlimited amount [24-431:10-233]; life insurance proceeds if policy prohibits proceeds from being used to pay creditors, unlimited amount [24-431:10-D:112]; life or health insurance policy for spouse or child, unlimited amount [24-431:10-234]
Pensions/ Retirement Plans: Firefighters and police officers, unlimited amount [7-88-169]; retirement benefits paid in at least three years before filing bankruptcy, unlimited amount [36-651-124]; public officers and employees, unlimited amount [7-88-91 and 36-653-3]; fraternal society benefits, unlimited amount [24-432:2-403]; disability benefits, unlimited amount [24-431:10-231]; annuity contract if beneficiary is insured's spouse, child or parent, unlimited amount [24-431:10-232(b)]
Public Benefits / Entitlements: Workers' compensation, unlimited amount [21-386-57]; unemployment compensation, unlimited amount [21-383-163]; unemployment work relief funds to $60 per month [36-653-4]; public assistance for work done in home or workshop, unlimited amount [20-346-33]
Wages: Unpaid wages due for service of past 31 days; after 31 days, 95% of first $100; 90% of second $100; 80% of balance [36-651-121(6) and 36-652-1]; prisoner's wages, unlimited amount [20-353-22]
Miscellaneous: Business partnership property, unlimited amount [23-425-125]