Wage garnishment and exemptions in Hawaii

In Hawaii, how much of your pay can be taken depends on your situation. Here is what is protected in your bank account, the property you can keep and how to claim an exemption.

Short answer

Hawaii's limit depends on your situation. Stricter than federal: no more than 5% of the first $100 a month, 10% of the next $100, and 20% of everything above $200 a month (or the weekly equivalent). (HRS § 652-1(b)) We could not confirm a general dollar amount protected in a bank account in Hawaii; directly deposited federal benefits are still protected (31 CFR 212.6).

Wage limit
5–20%
Federal benefits in a bank account
Up to 2 months protected
Law
Haw. Rev. Stat. § 652-1

Hawaii's limit on wage garnishment

Wage limit
Stricter than federal: no more than 5% of the first $100 a month, 10% of the next $100, and 20% of everything above $200 a month (or the weekly equivalent). (HRS § 652-1(b))
Law
Haw. Rev. Stat. § 652-1

The federal cap (15 U.S.C. 1673(a)) is a floor; Hawaii's rule applies where it protects more.

In nearby states

Property you can keep in Hawaii

  • Home equity is protected up to $30,000 if you are head of a family or 65 or older, and up to $20,000 for others (HRS § 651-92(a)).
  • One vehicle is protected up to $2,575 in wholesale value, and wages for work done in the 31 days before the court proceeding are exempt (HRS § 651-121(2), (6)).

Good to know in Hawaii

  • Hawaii's wage garnishment formula takes much less than the federal limit: at most 20% of pay above $200 a month, and less below that. (HRS § 652-1(b))
  • Wages for work done in the 31 days before a court proceeding are exempt. (HRS § 651-121(6))

What Hawaii protects in a bank account

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). More in our guide to debt lawsuits.

The lawsuit comes first in Hawaii

If you do not respond by the deadline in the papers, the court can enter a default judgment, which can lead to garnishment of your wages or bank account.

What to do if you are sued in Hawaii

Protecting your pay and property in Hawaii

  1. Watch for deadlines

    Exemption deadlines on court, employer or bank papers can be short, so mark them at once.

  2. Apply Hawaii's wage rule

    Hawaii's wage rule: Stricter than federal: no more than 5% of the first $100 a month, 10% of the next $100, and 20% of everything above $200 a month (or the weekly equivalent).

  3. Look at your bank account

    Two months of direct-deposited federal benefits must be left alone (31 CFR 212.6).

  4. Claim your exemptions in court

    Get the exemption claim form from the clerk and file it in time.

Questions about garnishment in Hawaii

How much of my paycheck can be garnished in Hawaii?

Stricter than federal: no more than 5% of the first $100 a month, 10% of the next $100, and 20% of everything above $200 a month (or the weekly equivalent). (HRS § 652-1(b))

What are Hawaii's property exemptions?

Home equity is protected up to $30,000 if you are head of a family or 65 or older, and up to $20,000 for others (HRS § 651-92(a)). One vehicle is protected up to $2,575 in wholesale value, and wages for work done in the 31 days before the court proceeding are exempt (HRS § 651-121(2), (6)).

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