Hawaii Statute of Limitations on Debt
Hawaii applies a six-year statute of limitations uniformly across consumer debt types. Both written and oral contracts carry the same limitation period, which keeps the rules simple.
| Debt Type | Statute of Limitations | |---|---| | Credit card debt (open account) | 6 years | | Medical debt | 6 years | | Auto loans (written contract) | 6 years | | Personal loans (written contract) | 6 years | | Oral contracts | 6 years | | Promissory notes | 6 years |
The six-year clock runs from the date of last payment or the date of default. After expiration, any lawsuit by a creditor is time-barred. Hawaii courts require defendants to raise the SOL as an affirmative defense — it is not applied automatically by the court.
Hawaii-Specific Consumer Protections
Hawaii Revised Statutes Chapter 480 — Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Hawaii's consumer protection statute is broad and actively enforced. It prohibits unfair or deceptive acts in trade and commerce, including debt collection. Consumers have a private right of action and can recover three times their actual damages if the court finds willful or knowing violations. Attorney's fees are also recoverable.
Hawaii Collection Agency Law (HRS Chapter 443B) Debt collectors operating in Hawaii must be licensed by the Hawaii Department of Commerce and Consumer Affairs (DCCA), Division of Financial Institutions. Unlicensed collectors face penalties and lose their ability to collect. You can verify any collector's license through the DCCA before engaging.
Wage Garnishment Protections Hawaii limits wage garnishment to 5% of disposable earnings for the first $100 of monthly income and 10% on amounts above that threshold — more protective than the federal standard in many lower-wage situations. This can significantly reduce the practical impact of a judgment.
How to File a Complaint in Hawaii
Hawaii Office of Consumer Protection
- Website: cca.hawaii.gov/ocp
- Phone: (808) 586-2630
- Online complaint form available
Hawaii Department of Commerce and Consumer Affairs
- Website: cca.hawaii.gov
- Phone: (808) 586-2820
- For complaints about licensed debt collection agencies
Federal Rights That Apply Regardless of State
- Fair Credit Reporting Act (FCRA): Free annual reports and 30-day dispute window.
- Fair Debt Collection Practices Act (FDCPA): Federal collector conduct standards.
- Fair Credit Billing Act (FCBA): Credit card billing error rights.
File at consumerfinance.gov/complaint.
Your First Action Step
Verify that any collector contacting you is licensed in Hawaii — check at cca.hawaii.gov/dfi. An unlicensed collector has no legal standing and you have grounds to report them immediately. Pull your credit reports at annualcreditreport.com, note the delinquency dates on all collection accounts, and dispute any inaccuracies in writing by certified mail to each bureau.