Wage garnishment in Hawaii

Hawaii’s garnishment formula

5% of the first $100 a month, 10% of the next $100, 20% of the restsource

Which rule your employer must use

Hawaii or federal, whichever takes lesssource

When a creditor can go to your employer

10 days after a district court judgmentsource

Your right to see the math

Ask your employer how the amount was figuredsource

How much can be garnished from my paycheck in Hawaii?

Hawaii’s rule is in Hawaii Revised Statutes section 652-1. It works on the pay left after the deductions the law requires. From that, the creditor gets 5% of the first $100 a month, 10% of the next $100 a month and 20% of everything above $200 a month or the same share figured by the week.

In plain terms, the first $200 a month costs you $15 and every dollar above it costs 20 cents. On $600 a week of take-home pay, that comes to about $114 a week. The federal rule would allow $150, so Hawaii’s number wins. On $400 a week, Hawaii allows about $74 against $100 under federal law.

When the federal rule takes less

At low pay the order flips. The federal limit protects the first $217.50 a week completely, so on $250 a week the federal figure is $32.50 while Hawaii’s is about $44. The court’s Garnishee Information sheet tells employers they must use the calculation that is most favorable to you. If the smaller number is zero, nothing can be taken from that check.

The Garnishment Calculation Worksheet (form 1DC27C) walks through both versions for weekly, every-two-weeks, twice-monthly and monthly pay. The only deductions it subtracts are FICA, Medicare, state and federal tax and union dues if the law requires them.

How a Hawaii creditor reaches your paycheck

After winning in district court, a creditor can wait 10 days and then file a certified copy of the judgment and a sworn declaration with your employer. The declaration form is 1DC25. Your employer must then file a disclosure within one week or start withholding and paying the creditor. The creditor can also ask the court for a garnishee summons.

The Garnishee Information notice warns that the summons may reach your employer without further court proceedings or notice to you. That is why many people first learn about it from a short paycheck. The form also tells your employer to get a final payoff figure, which can include interest, before the last payment.

Challenging a garnishment in Hawaii

Start by asking your employer to show you how the amount was calculated. Hawaii’s notice to debtors says you have that right. Compare it with the 1DC27C worksheet. If too much is being taken, you can ask for a hearing under the court’s rules and section 652-1(d), which lets the court decide whether the amount held is excessive and release the rest.

District court forms, including the garnishee forms and a Release of Garnishee, are on the Hawaii Judiciary’s district court forms page. Call and a garnishment specialist checks your employer’s numbers against both rules with you.