Dealing With Debt Collectors in Hawaii (2026)
Reviewed by DocDraft Legal Team · Hawaii · Last updated August 13, 2026
This page covers dealing with debt collectors in Hawaii, layered on top of the federal Fair Debt Collection Practices Act (FDCPA). Hawaii sets a single, relatively simple statute of limitations on debt under HRS 657-1, giving a creditor six years to sue on most consumer debts founded on a contract, obligation, or liability. Hawaii also licenses collection agencies through the Department of Commerce and Consumer Affairs (DCCA) under HRS Chapter 443B, and it has its own debt-collection statute in HRS Chapter 480D that is enforced through Hawaii's unfair-practices law, HRS Chapter 480. Because a payment or written acknowledgment can restart the six-year clock, confirming the Hawaii limitations period before you pay or promise anything matters. Hawaii also caps wage garnishment sharply under HRS 652-1, so a collector who wins a judgment can reach far less of your paycheck than in most states.
What is the statute of limitations on debt in Hawaii?
Hawaii gives a creditor six years to sue on most consumer debt under HRS 657-1, which covers any debt founded on a contract, obligation, or liability. This single six-year period generally applies to credit cards, written contracts, and oral agreements alike. The clock usually runs from your last payment or the default date.
Can a debt collector garnish my wages in Hawaii?
Yes, but only after a court judgment, and Hawaii caps it tightly. Under HRS 652-1, garnishment for consumer debt is limited to 5 percent of the first $100 of monthly disposable wages, 10 percent of the next $100, and 20 percent of anything above $200. Your employer applies whichever formula, state or federal, protects more of your pay.
How do I stop a debt collector from contacting me in Hawaii?
Send a written cease-communication letter. Under the FDCPA (15 U.S.C. 1692c(c)), once the collector receives it, it must stop contacting you except to confirm it is stopping or to name a specific action such as a lawsuit. Keep proof of mailing. This stops contact but does not erase the debt.
What can a debt collector not do to me in Hawaii?
A Hawaii collector cannot harass you, lie about the amount owed, or threaten arrest (FDCPA, 15 U.S.C. 1692d and 1692e). Under HRS Chapter 480D it also cannot threaten violence or harm to your property or reputation, and such conduct is treated as an unfair or deceptive practice under HRS Chapter 480.
How Hawaii regulates debt collectors
Hawaii layers several state protections on top of the federal FDCPA. Under HRS Chapter 443B, any person or agency that collects debts owed to others must be licensed as a collection agency by the Department of Commerce and Consumer Affairs (DCCA) through its Professional and Vocational Licensing (PVL) branch, which requires a surety bond, background checks on control persons, and biennial renewal. Hawaii also has its own debt-collection-practices statute, HRS Chapter 480D, which bars threats of violence and other abusive tactics; a violation of Chapter 480D is deemed an unfair or deceptive act under HRS Chapter 480, opening the door to remedies that can include treble damages for egregious conduct. On the enforcement side, Hawaii is notably protective of a debtor's paycheck: HRS 652-1 caps garnishment at just 5 percent of the first $100 of monthly disposable wages, 10 percent of the next $100, and 20 percent above $200, far less than the federal 25 percent ceiling. Personal property exemptions under HRS 651-121 shield items such as a motor vehicle up to a set value, tools of the trade, clothing, and the last 31 days of unpaid wages, and the homestead exemption in HRS 651-92 protects a parcel of real property. Consumers can report abusive or unlicensed collectors to the DCCA and to the Hawaii Attorney General's consumer-protection channels.
Relevant Laws
Hawaii Statute of Limitations, HRS 657-1
Sets Hawaii's general six-year limitations period for actions to recover a debt founded on any contract, obligation, or liability. This single six-year period generally covers credit card debt, written contracts, and oral agreements. A payment or written acknowledgment can restart the period.
Hawaii Collection Practices and Unfair Acts, HRS Chapters 480D and 480
HRS Chapter 480D is Hawaii's debt-collection-practices statute, barring abusive tactics such as threats of violence or harm to property or reputation. A violation is deemed an unfair or deceptive act under HRS Chapter 480, which can support consumer remedies including treble damages.
Hawaii Wage Garnishment, HRS 652-1
Caps garnishment of a debtor's wages after a judgment at 5 percent of the first $100 of monthly disposable earnings, 10 percent of the next $100, and 20 percent of sums above $200. This tiered limit is far more protective than the federal 25 percent ceiling.
Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692
The federal law governing third-party debt collectors nationwide, including in Hawaii. It bars harassment (1692d) and false or misleading representations (1692e), creates the 30-day debt validation right (1692g), and lets consumers sue for violations (1692k).
Regional Variances
Hawaii statute of limitations on debt by type (HRS 657-1)
Written contract - 6 years
An action to recover a debt founded on a written contract falls under the general six-year period in HRS 657-1, which covers debts founded on any contract, obligation, or liability. Most signed loan agreements and other written debt contracts are subject to this six-year limit, generally running from breach or last payment.
Open account / credit card - 6 years
Hawaii does not set a separate shorter period for open or stated accounts. Credit card and open-account debt generally falls under the same six-year period in HRS 657-1 as other contract-based debt. The clock usually runs from the last activity on the account, such as the last payment.
Oral contract - 6 years
Because HRS 657-1 reaches any debt founded on a contract, obligation, or liability, an oral agreement generally carries the same six-year limitations period as a written one. Unlike many states, Hawaii does not impose a shorter limit for purely oral debt contracts under this general statute.
Promissory note - 6 years
A promissory note is a written obligation, so an action on it generally falls under the six-year period in HRS 657-1. For an installment note the limitations period typically runs from each missed installment or from acceleration of the note, rather than from the original signing date.
Suggested Compliance Checklist
Confirm the validation notice and diary the 30-day dispute deadline
Within 5 days of first contact days after startingConfirm the collector sent the required validation notice identifying the creditor, amount, and your dispute rights. Note the date you received it and calendar the 30-day window to dispute in writing under 15 U.S.C. 1692g before making any payment.
Check the Hawaii statute of limitations under HRS 657-1
Before making any payment or promise days after startingConfirm the Hawaii limitations period: HRS 657-1 generally gives a creditor six years to sue on a debt founded on a contract, obligation, or liability, which covers most credit card and consumer debt. Do not pay or acknowledge an old debt until you check whether it is time-barred, because payment can restart the six-year clock.
Send a written debt validation letter
Within 30 days of receiving the validation notice days after startingIf you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt.
Send a cease-and-desist letter if you want contact to stop
As soon as you decide to stop contact days after startingUnder 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to name a specific remedy. Keep proof of mailing.
Report violations to the Hawaii DCCA, the Attorney General, and the CFPB
Within 1 year of any FDCPA violation days after startingReport an unlicensed or abusive collector to the DCCA (cca.hawaii.gov) under HRS Chapter 443B and to the Hawaii Attorney General's consumer-protection office (ag.hawaii.gov) under HRS Chapters 480D and 480, and file with the CFPB at consumerfinance.gov/complaint. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the validation notice and diary the 30-day dispute deadline | Confirm the collector sent the required validation notice identifying the creditor, amount, and your dispute rights. Note the date you received it and calendar the 30-day window to dispute in writing under 15 U.S.C. 1692g before making any payment. | - | Within 5 days of first contact |
| Check the Hawaii statute of limitations under HRS 657-1 | Confirm the Hawaii limitations period: HRS 657-1 generally gives a creditor six years to sue on a debt founded on a contract, obligation, or liability, which covers most credit card and consumer debt. Do not pay or acknowledge an old debt until you check whether it is time-barred, because payment can restart the six-year clock. | - | Before making any payment or promise |
| Send a written debt validation letter | If you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt. | debt-validation-letter | Within 30 days of receiving the validation notice |
| Send a cease-and-desist letter if you want contact to stop | Under 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to name a specific remedy. Keep proof of mailing. | cease-and-desist-letter | As soon as you decide to stop contact |
| Report violations to the Hawaii DCCA, the Attorney General, and the CFPB | Report an unlicensed or abusive collector to the DCCA (cca.hawaii.gov) under HRS Chapter 443B and to the Hawaii Attorney General's consumer-protection office (ag.hawaii.gov) under HRS Chapters 480D and 480, and file with the CFPB at consumerfinance.gov/complaint. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly. | - | Within 1 year of any FDCPA violation |
Frequently Asked Questions
Credit card debt in Hawaii generally falls under the six-year statute of limitations in HRS 657-1, which applies to debts founded on a contract, obligation, or liability. Unlike some states, Hawaii does not set a separate shorter period for open accounts. The clock usually runs from your last payment or default. After six years a creditor can still ask for payment but generally cannot win if you raise the limitations defense.
Yes. Under HRS Chapter 443B, a collection agency that collects debts owed to others generally must be licensed by the Department of Commerce and Consumer Affairs (DCCA) through its Professional and Vocational Licensing branch. Licensing requires a surety bond, background checks, and biennial renewal. If a collector chasing you appears to be unlicensed, you can report it to the DCCA at cca.hawaii.gov.
Hawaii caps garnishment far below the federal limit. After a judgment, HRS 652-1 allows only 5 percent of the first $100 of monthly disposable wages, 10 percent of the next $100, and 20 percent of everything above $200. Your employer must use whichever calculation, state or federal, leaves you more pay, which in Hawaii is usually the state formula.
Yes. HRS Chapter 480D is Hawaii's own debt-collection-practices statute. It bars tactics such as threats of violence or harm to your property or reputation. A violation of Chapter 480D is treated as an unfair or deceptive act under HRS Chapter 480, so a Hawaii consumer may have state remedies, including treble damages for egregious conduct, on top of federal FDCPA rights.
Yes. Under the FDCPA (15 U.S.C. 1692k) you can sue a collector that harasses or deceives you, generally within one year of the violation, and recover actual damages, statutory damages up to $1,000, and attorney's fees. Deceptive collection conduct may also support a claim under HRS Chapter 480D and the unfair-practices law in HRS Chapter 480. An attorney can help you evaluate your options.
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