Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in Hawaii
How long a creditor or debt collector has to sue you over a debt in Hawaii, by debt type — and, just as important, when that clock can restart.
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The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
Six years. Hawaii keeps this simple: HRS §657-1 puts every debt founded on a contract, obligation, or liability on one 6-year clock, and open accounts under §657-2 run the same length. A credit-card balance fits either bucket, so the answer is 6 years without the written-versus-open-account split that trips people up in other states.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
Hawaii has no acknowledgment statute in Chapter 657, so revival is governed by case law. Hawaii courts hold that a new promise or an express admission of the debt binds you for a fresh period (see 2 Haw. App. 383, 633 P.2d 550 (1981)). Older cases also treat a voluntary partial payment as a new promise that can restart the clock, so the safe rule is to assume that both a signed written promise and a partial payment can revive a debt.
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how Hawaii classifies each debt type.
| Debt type | Limit in Hawaii | How it's classified |
|---|---|---|
| Credit card | 6 years | Contract / open account (§657-1) |
| Written contract | 6 years | — |
| Oral contract | 6 years | Hawaii does not use a shorter oral-contract clock. HRS §657-1(1) covers any debt founded on a contract, obligation, or liability, so oral and written agreements share the same 6-year period. |
| Open account | 6 years | HRS §657-2 sets when the clock starts for a mutual, open, and current account: it runs from the last item proved in the account. The length itself comes from the 6-year period in §657-1. |
| Promissory note | 6 years (UCC §490:3-118) | — |
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What Hawaii debtors get wrong
Hawaii is one of the cleaner states to read, because HRS §657-1 puts nearly every kind of debt on a single 6-year clock. The statute covers any debt "founded upon any contract, obligation, or liability," which folds written contracts, oral agreements, and credit-card balances into the same period. Open and revolving accounts sit under §657-2, which sets the same 6 years but starts counting from the last item proved in the account, usually your last charge or payment. Promissory notes get their 6 years from the Uniform Commercial Code, HRS §490:3-118. Where Hawaii is quiet is revival: there is no acknowledgment statute in Chapter 657, so whether a barred debt comes back to life is a question of case law, and both a new written promise and a partial payment can put you at risk of restarting the clock.
Common questions
What is the statute of limitations on credit-card debt in Hawaii?
Six years. HRS §657-1 places any debt founded on a contract, obligation, or liability on a 6-year clock, and open accounts under §657-2 run the same length, so a credit-card balance is 6 years either way.
Does Hawaii use a shorter clock for oral contracts or open accounts?
No. Unlike many states, Hawaii does not carve out a shorter oral-contract or open-account period. HRS §657-1 gives written contracts, oral contracts, and open accounts all the same 6 years.
Can a partial payment restart the debt clock in Hawaii?
It can. Hawaii has no acknowledgment statute, so revival comes from case law. A new promise or express admission of the debt binds you for a fresh period, and older Hawaii cases treat a voluntary partial payment as a new promise. Assume that paying or acknowledging a barred debt can restart the 6 years.
When does the Hawaii debt clock start?
When the cause of action accrued, generally your default or last payment. For a mutual, open, and current account, HRS §657-2 measures it from the last item proved in the account.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.