Hawaii STATE LAW

EXEMPTIONS FOR 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

BAD CHECK LAW DAMAGES:

– Damages equal to $100 or triple amount of check, but cannot exceed $500

tape recording

– One party state

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]