Money & Debt · Wage Garnishment
Wage Garnishment Laws in Hawaii
How much of your paycheck a creditor can take in Hawaii, the pay that is fully protected, and what to do right now if a garnishment has started, cited to the statute.
Want your own number? Run your paycheck through the Hawaii wage garnishment calculator →
The limit and what is protected in Hawaii
How much a creditor can take, the pay that is exempt, and where it comes from in the code.
| Most a creditor can take | Up to 25% of disposable earnings |
| How the limit works | A larger protected amount than the federal floor |
| Fully protected pay | Hawaii applies whichever leaves you more: its monthly sliding scale (5% of the first $100, 10% of the next $100, 20% above $200) or the federal rule (the lesser of 25% of disposable pay or the amount above $217.50 a week). For lower monthly incomes the state formula protects a much larger share of pay than the federal 25% cap. |
| Other exemptions |
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| Federal backstop | The federal 25% / 30× minimum-wage floor also applies; a creditor can never take more than federal law allows. |
| Statute | Haw. Rev. Stat. §652-1 |
Hawaii runs its own graduated monthly formula under HRS §652-1: 5% of the first $100 of disposable earnings per month, 10% of the next $100, and 20% of all amounts over $200. The result is then compared to the federal ceiling (the lesser of 25% of disposable pay or the amount above $217.50 a week), and the smaller garnishment applies. Because 20% is the top marginal rate on the excess, the effective rate on high monthly pay approaches but the state scale still shields the first $200 more than the federal rule.
What you can do right now
Concrete, neutral steps if your wages are being garnished in Hawaii. This is legal information, not legal advice.
- Run both calculations
Hawaii uses whichever result is smaller: its monthly formula (5% of the first $100 of disposable pay, 10% of the next $100, 20% above $200) or the federal cap (the lesser of 25% or the amount above $217.50 a week). Ask your employer or the court which figure was used and confirm it is the more protective one.
- Check the graduated brackets on lower pay
If your monthly disposable earnings are modest, the Hawaii scale protects far more than a flat 25% would. Only 5% of the first $100 and 10% of the next $100 can be reached, so verify the brackets were applied and not a flat percentage.
- Watch your bank account for a levy
A creditor can also try to freeze money already in your bank account. Exempt funds, such as Social Security, can still be protected there, but you usually have to claim the exemption in writing, so check your account and act if it is frozen.
- Get free Hawaii legal help
The Legal Aid Society of Hawaii and the Hawaii State Judiciary self-help centers can walk you through the garnishment worksheet and any claim of exemption. This is legal information, not legal advice, so confirm your own situation with a lawyer.
You do not have to face a garnishment alone. This resource can help you check whether an exemption applies and how to file the paperwork.
→ Legal Aid Society of HawaiiThis is general legal information, not legal advice. Deadlines to claim an exemption are short and vary by court, so act quickly and confirm the specifics for your case.
What Hawaii workers get wrong
Hawaii does not use a single flat percentage. Under HRS §652-1 it garnishes monthly disposable earnings on a graduated scale: only 5% of the first $100 a month, 10% of the next $100, and 20% of everything above $200. That result is then compared to the federal ceiling, the lesser of 25% of disposable pay or the amount by which weekly disposable pay exceeds $217.50, and the creditor takes whichever is smaller. Employers are required to apply the calculation that is more favorable to you. The practical effect is that lower earners keep a much larger share of their pay than the flat federal 25% rule would allow, because the first $200 of monthly disposable income is barely touched. At higher incomes the 20% marginal rate on the excess brings the garnishment closer to the federal figure, but the graduated brackets on the first $200 always give Hawaii workers a cushion the federal rule does not.
Common questions
How much of my paycheck can a creditor garnish in Hawaii?
Hawaii uses a monthly sliding scale under HRS §652-1: 5% of the first $100 of disposable pay, 10% of the next $100, and 20% of everything above $200. That figure is compared to the federal cap (the lesser of 25% or the amount above $217.50 a week), and the smaller of the two applies, so a creditor never takes more than the more protective calculation allows.
How does the Hawaii garnishment formula work on a monthly basis?
Take your monthly disposable earnings. The first $100 is subject to 5%, the next $100 to 10%, and everything over $200 to 20%. For example, on $1,000 of monthly disposable pay, that is $5 plus $10 plus $160 on the top $800, or about $175 a month. The result is then checked against the federal limit and the smaller amount is used.
Is Hawaii more protective than the federal 25% rule?
For lower and middle earners, yes. Because only 5% to 10% can be taken from the first $200 of monthly disposable pay, the Hawaii scale shields far more than a flat 25% cap. Employers must apply whichever calculation is more favorable to the employee, so the state formula controls whenever it protects more.
What is disposable pay for Hawaii garnishment?
Disposable earnings are what remains after deductions required by law, such as taxes and Social Security. Hawaii applies its graduated percentages to monthly disposable earnings, and the federal comparison uses weekly disposable earnings, so the calculation converts between the two to find the smaller garnishment.
What debts can still reach my Hawaii wages beyond the state formula?
The graduated scale applies to ordinary consumer judgments. Child support, spousal support, unpaid taxes, and defaulted federal student loans follow their own federal rules and can take a larger share of your pay regardless of the Hawaii formula.
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.