How to Answer a Debt Collection Summons in Hawaii (2025 Guide)

Been sued for debt in Hawaii? You have just 20 days to respond.

Miss that deadline and you’ll lose by default. The collector can then garnish your wages and freeze your bank accounts.

You’re not alone in this fight. Nearly one in three Americans has debt in collections, according to the Urban Institute.

Responding to the lawsuit stops the harassment. Your written Answer protects your rights and gives you leverage to negotiate.

Here’s exactly how to fight back.

You Have 20 Days to File Your Answer in Hawaii

Hawaii Civil Code Rule 12(a)(1) gives you 20 days to respond after being served.

The clock starts the day you receive the Summons and Complaint. Count every single day, including weekends.

Miss this deadline and the collector wins automatically. The court enters a default judgment against you.

With a judgment, collectors can:

• Garnish up to 25% of your paycheck
• Freeze your bank account
• Place liens on your property
• Seize and sell your assets

Default judgments happen even when the debt isn’t yours. Even when the amount is wrong.

Your Answer document stops this from happening. You need to file it with the court and send a copy to the plaintiff’s attorney.

Our partner Solo helps you draft and file your Answer in under 15 minutes.

Hawaii Charges No Fee to File Your Answer

Good news: Hawaii doesn’t charge filing fees for Answers to debt lawsuits.

You can respond to the Complaint without spending a dime on court costs.

However, other legal documents do require fees. A counterclaim in District Court costs $65.

Filing your Answer is completely free. No excuses not to respond.

Three Steps to Answer Your Hawaii Debt Lawsuit

Your response strategy is simple but critical. Follow these three steps exactly.

Step 1: Respond to Each Allegation

The Complaint contains numbered paragraphs. Each one makes a claim about you and the debt.

You must respond to every single allegation. You have three options:

• Admit – You agree the statement is true
• Deny – You disagree and make them prove it
• Deny due to lack of knowledge – You don’t have enough information

Most attorneys recommend denying as many allegations as possible. When you deny a claim, the burden of proof shifts to the collector.

They must prove every detail in court. Many collectors can’t meet this burden.

Unsure about an allegation? Deny it or state you lack knowledge. You can amend your Answer later if needed.

Always tell the truth, but make them prove their case.

Step 2: Assert Your Affirmative Defenses

Affirmative defenses explain why the collector should lose. These are powerful weapons in your Answer.

Common defenses in Hawaii debt cases include:

• Incorrect debt amount – They’re charging more than you actually owe
• Contract cancellation – You canceled the account but they’re still billing you
• Improper service – The Summons wasn’t delivered correctly under Rule 4(d)(1)
• Expired statute of limitations – The debt is more than 6 years old
• Identity theft – Someone stole your identity to create this debt
• Mistaken identity – The debt belongs to someone else entirely
• No debtor-creditor relationship – The collector can’t prove they own your debt

You can only assert affirmative defenses in your initial Answer. Include every defense that applies to your situation.

These defenses often force collectors to dismiss the case entirely.

Step 3: File With the Court and Serve the Plaintiff

Create two copies of your completed Answer document.

Mail the first copy to the court listed on your Summons. Mail the second copy to the plaintiff’s attorney.

Use USPS Certified Mail with return receipt for both copies. You need proof of delivery.

Keep copies of everything: your Answer, the receipts, and the delivery confirmations. Store a copy on your phone as backup.

Proper filing and service are non-negotiable. Mess this up and your Answer doesn’t count.

Our partner Solo handles filing and service for you, ensuring everything arrives on time.

Hawaii’s 6-Year Statute of Limitations Protects You

Hawaii law sets a 6-year limit on most debt collection lawsuits.

The clock starts from your last payment date. After 6 years, the debt becomes time-barred.

Collectors can still try to sue you on old debt. They’re counting on you not knowing the law.

Use the expired statute of limitations as an affirmative defense in your Answer. The court will dismiss the case.

Making even one small payment restarts the clock. Verify the debt age before agreeing to pay anything.

Here are Hawaii’s statute of limitations by debt type:

Additional Hawaii Laws Protect You From Collectors

Federal law bans harassment, threats, and deceptive collection tactics nationwide.

Hawaii adds extra protections on top of federal rules:

• Collectors must register with the state and renew annually
• Lying about who they are or how much you owe is illegal
• Threats of violence or arrest are prohibited
• Using profane language to collect debt is banned
• Damaging your reputation to collect is illegal
• Collectors must keep permanent records of all collections

Violating these laws costs collectors up to $5,000 per violation. Hawaii takes consumer protection seriously.

Know your rights. Collectors count on your ignorance.

How to Settle Your Debt in Hawaii

Settlement often beats going to trial. You pay less than the full amount and avoid a judgment.

Here’s how to settle effectively:

File Your Answer First

Never skip filing your Answer just because you want to settle. File the Answer to avoid default judgment.

Once your Answer is filed, start settlement negotiations. You have leverage now.

Start With a Low Offer

Collectors expect negotiation. Start by offering 50-60% of the debt amount.

You’ll likely negotiate up from there. Never start with your maximum payment amount.

Make your offer realistic. Offering $200 on a $10,000 debt won’t work.

Offering $4,500 on a $10,000 debt is reasonable. You’ll probably settle somewhere between $5,000 and $6,000.

Get Everything in Writing

Never pay a dime without a written settlement agreement.

Your agreement must include:

• The exact settlement amount
• The payment due date
• Payment method (check, transfer, etc.)
• Written confirmation the collector forfeits the remaining balance

Some collectors take your settlement payment then sue for the rest. Written agreements prevent this scam.

Consider having the agreement notarized for extra protection.

Small Claims Court in Hawaii

Most debt lawsuits in Hawaii go through Small Claims Court.

Small Claims handles disputes involving $5,000 or less. Cases move faster here than in District Court.

The same Answer process applies in Small Claims: respond to allegations, assert defenses, and file before the deadline.

Don’t let the informal setting fool you. Small Claims judgments are just as enforceable as District Court judgments.

Hawaii Legal Aid Resources

Can’t afford an attorney? Legal Aid Society of Hawaii offers free legal services.

Contact them here:

Legal Aid Society of Hawaii
924 Bethel St.
Honolulu, HI 96813

Phone: 808-536-4302 (Oahu)
Toll-free: 800-499-4302 (Other Islands)

Visit their website at legalaidhawaii.org for more information.

Track Your Case Online

Missing a court date results in automatic judgment against you. Track your case religiously.

Hawaii’s eCourt Kōkua system lets you check your case status online. Search by:

• Your name or the plaintiff’s name
• Business name (if applicable)
• Case number

Check weekly for new documents, hearing dates, and court orders. Set phone reminders.

Some documents may require an in-person visit to the courthouse. Call ahead to confirm.

Stop Wage Garnishment Before It Starts

Hawaii has complex garnishment laws. Sometimes you pay less than federal limits.

Federal law limits garnishment to 25% of disposable income or the amount above 30 times minimum wage, whichever is less.

Hawaii calculates garnishment differently:

• 5% of your first $100 monthly disposable income
• 10% of your next $100 monthly disposable income
• 20% of all disposable income over $200 monthly

Courts must use whichever calculation results in less garnishment for you.

Disposable income means your wages minus state and federal taxes.

Stop garnishment by settling or paying the debt before judgment. Once garnishment starts, it’s hard to stop.

Some income is exempt from garnishment: Social Security, unemployment, disability, and similar benefits can’t be garnished except for child support.

If you believe the garnishment is improper, request a court hearing immediately.

Find Your Hawaii Court Location

Your Summons lists the court handling your case. Find the exact address on Hawaii’s court website.

The mailing address often differs from the physical location. Verify both before filing.

Major Hawaii courts include:

• District Court of the First Circuit, Honolulu Division
• District Court of the First Circuit, Wahiawa Division
• District Court of the Second Circuit, Wailuku Division
• District Court of the Third Circuit, Hilo Division
• District Court of the Fifth Circuit, Kauai Division

Visit courts.state.hi.us for complete addresses and contact information.

Hawaii Debt Relief Programs

Government assistance programs can free up money to pay down debt:

• DHS General Assistance – For temporarily disabled adults without children
• Unemployment Insurance – Temporary relief for unemployed workers and freelancers
• TANF – Cash assistance for low-income families in work programs
• Med-Quest – Health insurance for low-income individuals and families
• SNAP – Food assistance to stretch your budget
• H-HEAP – Help with overdue utility bills

These programs don’t pay debt directly. But they reduce living expenses so you can apply more income toward debt.

Beware of debt relief scams. Legitimate services don’t charge large upfront fees or promise to eliminate your debt.

Other relief options include:

• Debt consolidation loans (if you have fair credit or better)
• Home equity loans or HELOCs (if you own property)
• Direct settlement negotiations with creditors

Our partner Cambridge Credit Counseling offers legitimate debt management plans and credit counseling services.