How to Garnish Wages in Hawaii After a Small Claims Judgment

Wage garnishment is the most reliable collection tool for Hawaii judgment creditors. If the debtor has a job, you can direct their employer to withhold a portion of each paycheck and send it straight to you. The process runs under HRS Chapter 652 and DCRCP Rule 70, and once the garnishee order is in place, it continues automatically until the judgment is fully paid.

Before You File

Two prerequisites must be met:

1. The 10-day waiting period has passed. Under DCRCP Rule 70(c), you cannot file a garnishment motion until at least 10 calendar days after the judgment was entered on the court docket.
2. You know the debtor's employer. If you do not, file for a debtor examination first to get this information under oath.

The Step-by-Step Process

Step 1 — File the motion. Complete the Declaration of Judgment Creditor for Garnishment of Wages (Form 1DC25 on Oahu) or the Affidavit of Judgment Creditor for Garnishment of Wages (Form 3DC25 on the Big Island), or file the Ex Parte Motion for Issuance of Garnishee Summons After Judgment (Form 1DC29 / 3DC29). Attach a copy of the certified judgment.

Step 2 — Get the summons issued. The District Court clerk reviews your filing and issues the Garnishee Summons (Form 1DC32 / 3DC32). This is the document that legally compels the employer to act.

Step 3 — Serve the employer. Under DCRCP Rule 70(d), you deliver to the employer: two copies of your motion/declaration, the Garnishee Summons, the Garnishee Information sheet (Form 1DC27 / 3DC27), and the Notice to Employer. The employer must give one copy to the debtor.

Step 4 — Employer disclosure. The employer files a Garnishee Disclosure (Form 1DC26 / 3DC26) with the court, confirming the debtor's employment status and earnings.

Step 5 — Court issues the Garnishee Order. The judge enters a formal Garnishee Order (Form 1DC30 / 3DC30) directing the employer to begin withholding non-exempt wages and remitting them to you.

How Much Gets Withheld

Hawaii's wage garnishment formula under HRS § 652-1 uses monthly tiers:

• 5% of the first $100 per month may be withheld
• 10% of the next $100 per month may be withheld
• 20% of amounts above $200 per month may be withheld

The federal Consumer Credit Protection Act (15 U.S.C. § 1673) limits ordinary-debt garnishment to the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum wage per week. At the current $7.25 federal minimum wage, that floor is $217.50 per week ($942.50 per month). The employer compares the state and federal amounts and uses the lower garnishment amount.

For a debtor earning $3,000 per month in disposable income, the Hawaii formula allows $575 per month in garnishment, compared to $750 under the federal 25% limit. The employer uses the lower number — $575.

How Long It Takes

The time to the first garnishment payment depends on court processing and the employer's payroll cycle. Once the garnishee order is active, deductions continue every pay period until the judgment balance (including 10% annual post-judgment interest under HRS § 478-3) is satisfied in full.

If the Employer Makes a Mistake

Employers sometimes miscalculate the exemption or withhold too much. If this happens, the debtor can file a Judgment Debtor's Motion for Return/Release of Wages Exempt from Garnishment (Form 1DC27B / 3DC27B) along with a Garnishment Calculation Worksheet (Form 1DC27C / 3DC27C). The court reviews the numbers and adjusts accordingly.

When the Judgment Is Paid

Once the full amount is collected, file a Satisfaction of Judgment (Form 1DC48 / 3DC48) to release the employer from the garnishment obligation. This step is mandatory — continuing to garnish after satisfaction exposes you to legal consequences.

Our Hawaii Judgment Collection Guide includes the complete wage garnishment procedure with calculation examples and a form checklist for every circuit.

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