How to Collect a Small Claims Judgment in Hawaii

Winning a small claims case in Hawaii feels like the hard part is over — until you realize the court does not collect the money for you. The judge enters the judgment, the clerk stamps it, and then you are on your own. The rest depends on knowing which enforcement tools Hawaii law gives you and using them in the right order.

The 10-Day Waiting Period

After the judge signs the judgment and the clerk files it, you cannot start enforcement action immediately. Under DCRCP Rule 62(a), you must wait 10 days after entry before taking proceedings to enforce the judgment, including requesting a writ of execution. For post-judgment garnishment, DCRCP Rule 70(c) also bars filing a motion for a garnishee summons until 10 days after entry.

This waiting period gives the other side a chance to pay voluntarily or file a post-trial motion. Use the time to get a court-certified copy of your judgment — you will need it for nearly every step that follows.

Step 1: Find Out What the Debtor Owns

If the debtor does not pay within the 10-day window, your first move is asset discovery. File an Ex Parte Motion for Examination of Judgment Debtor (Form 1DC44 on Oahu, Form 3DC44 on the Big Island) under DCRCP Rule 69. The court issues an order requiring the debtor to appear and bring financial records — pay stubs, bank statements, tax returns, vehicle titles.

The debtor must be personally served with this order. Mail does not count. If they fail to appear, the court can issue a bench warrant for civil contempt.

Step 2: Garnish Wages or Bank Accounts

Once you know where the debtor works or banks, you can file for garnishment under HRS Chapter 652. Wage garnishment requires a Declaration of Judgment Creditor for Garnishment of Wages and a Garnishee Summons issued by the clerk. The employer receives the summons and begins withholding a portion of the debtor's pay each period.

Hawaii's formula under HRS § 652-1 allows garnishment of 5% of the first $100 in monthly disposable earnings, 10% of the next $100, and 20% of amounts above $200 (or equivalent portions per week). The employer compares this with the federal limit and uses the lower amount.

Bank account garnishment works through the same summons process, but you must include a separate declaration under DCRCP Rule 70(a)(1) stating that the funds are not traceable to exempt sources like Social Security or VA benefits.

Step 3: Request a Writ of Execution

If the debtor owns tangible property — a vehicle, business equipment, inventory — you can ask the court to issue a Writ of Execution under HRS Chapter 651. A state deputy sheriff or authorized officer physically seizes the property, sells it at public auction, and applies the proceeds to your judgment.

The creditor advances the costs for towing, storage, and auction publication. Any surplus after covering the judgment goes back to the debtor.

Step 4: Record a Judgment Lien

A Hawaii judgment does not automatically attach to real property. To place a lien on the debtor's land, you must record a certified copy of the judgment at the Hawaii Bureau of Conveyances in Honolulu. For documents up to 50 pages, fees are $41 in the Regular System and $36 in Land Court; for longer documents, they are $106 and $101, respectively. Land Court also charges a $50 title fee for the annotation. The lien encumbers the property and can affect a sale or refinance; it lasts as long as the judgment, generally 10 years.

Step 5: Close the Case

When the judgment is fully paid — whether through voluntary payment, garnishment, or execution — you file a Satisfaction of Judgment (Form 1DC48 or 3DC48) with the clerk. This releases any active garnishment orders. If you recorded a real property lien, you also need to record the satisfaction at the Bureau of Conveyances to clear the title.

Failing to file a satisfaction after full payment can expose you to liability for slander of title.

Key Numbers to Know

• Post-judgment interest: 10% per year, simple interest, under HRS § 478-3
• Judgment lifespan: 10 years from entry, renewable for another 10 if you file before it expires (HRS § 657-5)
• Small claims limit: $5,000 for general claims; uncapped for residential security deposits under HRS § 633-27
• No appeal: Small claims judgments in Hawaii are final and non-appealable under HRS § 633-28

The entire collection process can take weeks or months depending on how cooperative the debtor is. Having the right forms, knowing the correct court, and following the statutory sequence is what turns a paper judgment into actual payment.

Our Hawaii Judgment Collection Guide walks through every step with the exact forms, filing instructions, and calculation worksheets you need for each enforcement tool.

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