$0 Hawaii Small Claims Collection Checklist

Hawaii Wage Garnishment Percentage: How Much Can Be Garnished

How much of a debtor's paycheck can you actually collect through wage garnishment in Hawaii? The answer depends on two competing formulas — Hawaii's tiered state formula under HRS § 652-1 and the federal cap under the Consumer Credit Protection Act. The employer applies whichever one leaves the debtor with more money.

Hawaii's Tiered Formula (HRS § 652-1)

Hawaii's statute sets monthly tiers for disposable earnings — gross pay minus legally required deductions like taxes, Social Security, and Medicare:

  • First $100 per month: 5% may be garnished
  • Next $100 per month: 10% may be garnished
  • Amounts above $200 per month: 20% may be garnished

For other pay schedules, the law applies equivalent portions per week. The Hawaii Judiciary's Garnishment Calculation Worksheet annualizes the earnings and compares the state and federal calculations.

The Federal CCPA Cap

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 both numbers and uses the lower garnishment amount.

Worked Examples

Example 1: Debtor earns $2,000/month disposable income

Hawaii formula:

  • 5% × $100 + 10% × $100 + 20% × ($2,000 – $200) = $5 + $10 + $360 = $375/month

Federal cap:

  • 25% × $2,000 = $500/month

Result: Employer withholds $375/month (Hawaii formula controls).

Example 2: Debtor earns $3,500/month disposable income

Hawaii formula:

  • 5% × $100 + 10% × $100 + 20% × ($3,500 – $200) = $5 + $10 + $660 = $675/month

Federal cap:

  • 25% × $3,500 = $875/month

Result: Employer withholds $675/month (Hawaii formula controls).

Example 3: Debtor earns $800/month disposable income

Hawaii formula:

  • 5% × $100 + 10% × $100 + 20% × ($800 – $200) = $5 + $10 + $120 = $135/month

Federal cap:

  • $800 monthly disposable earnings are below the federal floor of $942.50, so the federal maximum is $0/month

Result: Employer withholds $0/month (the federal limit controls).

For each pay period, compare the Hawaii and federal calculations and use the lower amount. The federal minimum-wage floor can reduce the amount to zero for lower disposable earnings.

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Additional Protections

Beyond the tiered formula, HRS § 652-1 also protects unpaid wages for personal services rendered during the past 31 days from garnishment execution. This prevents a creditor from seizing a debtor's entire current-period earnings before they have been paid.

If an employer miscalculates the garnishment amount, 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) to correct the withholding.

What This Means for Creditors

At typical income levels, expect to collect roughly 15–20% of the debtor's disposable monthly earnings. For a debtor earning $2,500 per month, that works out to about $475 per month. A $4,000 judgment at 10% annual interest would take approximately 9–10 months to collect through wage garnishment alone.

The math is slow but steady, and the garnishment runs automatically once the court issues the garnishee order — the employer handles the withholding and remittance without your involvement.

Our Hawaii Judgment Collection Guide includes pre-built calculation worksheets and the full garnishment filing procedure for each circuit.

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