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DebtState Statutes > Hawaii
Debt and Bankruptcy Laws -- Hawaii
WAGE GARNISHMENTS:  95% of first $100, 90% of second $100, 80% of net wages in excess of $200 per month 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

Debt Kit includes sample letters and techniques for dealing with debt collectors

BAD CHECK LAW DAMAGES:  Damages equal to $100 or triple amount of check, but cannot exceed $500

BANKRUPTCY PROPERTY EXEMPTIONS (Hawaii Revised Statutes):

Can claim either the federal exemptions or state exemptions below

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)]
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]

Bankruptcy Kit illustrates how above exemptions used to complete bankruptcy forms

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Debt Collection:  Frequently Asked Questions
What are time-barred debts?
Statute of Limitations on Debt Collection
State Statutes Re: Wage Garnishments
Federal Law Regulating Wage Garnishments
How Long Can a Creditor Enforce a Judgment?
How to Handle Abusive Debt Collectors
Recording Conversations with Debt Collectors
How to Get a Collector to Stop Calling You at Home and Work
State Statutes on Debt Collection
Fair Debt Collection Practices Act
Defending yourself in court against a creditor or debt collector
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