Question 1

What is a claim of exemption in Hawaii?

Accepted Answer

A Hawaii claim of exemption is a motion, Form 1DC27B, that you file to protect wages or bank funds from a garnishment. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. You file it with the court that issued the garnishment order, and you can do so at any time after the garnishee summons is served.

Question 2

What is the difference between a claim of exemption and an objection to a garnishment in Hawaii?

Accepted Answer

An objection challenges whether the garnishment itself is proper, such as a wrong amount or a defect in the summons. A Hawaii claim of exemption accepts that the judgment exists but says the specific wages or funds are legally protected. You raise it by filing the Motion for Return or Release of Wages Exempt from Garnishment, and you can point out a defect at the same time.

Question 3

How much of my paycheck can be garnished in Hawaii?

Accepted Answer

Hawaii uses a tiered formula on monthly disposable earnings: 5 percent of the first 100 dollars, 10 percent of the next 100 dollars, and 20 percent of everything above 200 dollars. Your employer compares this with the federal limit and withholds whichever is less. Because of the tiers, a lower paycheck keeps more of its pay than under federal law alone.

Question 4

How long do I have to file a claim of exemption in Hawaii?

Accepted Answer

Hawaii does not set a fixed number of days. Under section 652-1(d) you can ask the court to release exempt wages at any time after the garnishee summons is served. Even though there is no strict deadline, money is withheld while the garnishment runs, so file your motion as soon as you learn of it.

Question 5

What income is exempt from garnishment in Hawaii?

Accepted Answer

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. A share of ordinary wages is also protected by Hawaii's tiered formula. If exempt benefits are frozen in a bank account, a claim of exemption is how you get them released.

Question 6

Can I protect my wages if I support my family in Hawaii?

Accepted Answer

Hawaii does not add a separate head-of-household wage exemption. Instead, its tiered formula already shields most of a smaller paycheck, and your employer withholds only the lesser of the Hawaii and federal limits. You can also protect income that is exempt by source, such as Social Security or disability, by showing the court those funds in your motion.

Question 7

Where do I file a Hawaii claim of exemption?

Accepted Answer

You file the Motion for Return or Release of Wages Exempt from Garnishment, Form 1DC27B, with the court that issued the garnishment order, not with the creditor or your employer. The form includes a notice-of-hearing section, so filing it both raises your exemption and sets a court date.

Question 8

What happens after I file a claim of exemption in Hawaii?

Accepted Answer

Filing your motion puts the question in front of the court and sets a hearing. At the hearing you show that the wages or funds are exempt, and the creditor must justify the garnishment. If the court agrees the money is protected, it orders those funds released and stops or reduces what is withheld. Until then, money is held rather than paid out.

Hawaii Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

Hawaii Requirements for Claim of Exemption

Hawaii Filing Deadline and Office

Frequently Asked Questions