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How to Answer a Summons for Debt Collection in Hawaii (2024 Guide)

Hannah Locklear | June 23, 2024

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by George Simons, JD/MBA

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.

Summary: If you've been sued for debt in Hawaii, you have 20 days to respond before you lose by default. It's best to respond with a written Answer where you reply to each claim listed in the Complaint and assert your affirmative defenses. You can use SoloSuit to draft and file your Answer in minutes.

If collectors are blowing up your phone with calls 24/7, or you've received a Summons and Complaint, you know that being pursued by a collection agency sucks. On a comforting note, you're not alone. According to researchers at the Urban Institute, nearly one in three Americans has at least one debt in collections. At SoloSuit, we talk to people like you every day, and we want to help. That's why we created this guide.

Getting a debt collector off your back in Hawaii can be difficult, but knowing your rights is key. The best thing you can do to stop collectors from calling if you've received a Summons and Complaint for debt is to respond to it. In this article, we'll guide you through the steps to efficiently respond to a debt collection lawsuit in Hawaii.

Respond to a Summons in Hawaii.

Sued for debt in Hawaii? SoloSuit can help you file an Answer into your case before the 20-day deadline.

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Table of Contents

Hawaii deadline for answering a debt collection Summons

In the state of Hawaii, you have 20 days to file an Answer to the Summons and Complaint, according to Hawaii Civil Code Rule 12(a)(1). The rule officially states:

A defendant shall serve an answer within 20 days after being served with the Summons and Complaint, except when service is made under Rule 4(c) and a different time is prescribed in an order of court under a statute or rule of court.

You need to file an Answer with the court and the plaintiff within this time period. You may be thinking, Yikes! 20 days doesn't sound like a long time! It isn't, but we've got you covered.

Let's start with the bad news. If you don't respond to the Summons and Complaint within 20 days with a written Answer, you will automatically lose. At this point, the plaintiff will file for a default judgment which will be entered against you. This means you will be required to pay the debt amount listed on the Complaint.

With a default judgment, the plaintiff can also use other means to get their money back. For example, they can garnish your wages, put liens on your property, or even freeze your bank account. This is why it's so important to respond within the deadline.

Notably, this could cause serious problems if there is an error in the debt amount or the debt is not yours. But as long as you thoroughly review any Complaint you receive and respond to it within 20 days, you're in the clear.

Want to create an Answer quickly? Try SoloSuit. It's easier than creating an Answer on your own. Plus, we'll make sure all your bases are covered, including getting it approved by an attorney, and ensuring it is delivered to the courts and the person or company suing you.

Here is a Google review of our services from a satisfied customer:

“I received a court summons and didn't know what to do. I knew doing nothing was wrong, so I went online and found SoloSuit. They walked me through the process of replying. I followed through the step-by-step process, mailed everything, and never heard back from the court or the plaintiff.” - Paul Gill


Hawaii Answer to Summons forms

When responding to a debt collection Summons and Complaint in Hawaii, you can use SoloSuit's Answer form. It only takes 15 minutes to generate your response.

You can also use Hawaii's civil forms. A question we often receive is: does an Answer to a Summons need to be notarized? The answer is no. However, you should take some specific steps when mailing it, which we will discuss below.

Hawaii's judicial branch website has many forms for public access, but there is currently no form available for an Answer. However, you may try visiting the courthouse or calling the court clerk to see if they have them in person that you can pick up.

Hawaii does not charge a fee to file an Answer

Good news! There are no fees in the state of Hawaii to file an Answer to a Complaint against you. However, if you plan to file other types of documents into a lawsuit, there may be filing fees involved.

For example, if you plan to file a counterclaim in the District Court, there is a $65 filing fee. Click here to learn more about Hawaii's civil filing fees.

Follow these steps to respond to a debt collection case in Hawaii

When your creditor or a debt collector files a debt collection lawsuit in Hawaii small claims court, their first step is to serve you with what is known as the Summons and Complaint. The Summons notifies you of the lawsuit and the parties involved, while the Complaint contains a list of the specific allegations against you.

You should receive these documents in person or by mail. When you get them, don't delay responding. Remember that you have 20 days to file an Answer. If you don't, a default judgment can be entered and you may have to pay the creditor or debt collector for any debt they say you owe.

Now for the fun and most crucial part (don't worry—it's actually quite simple!). Follow these three steps to respond to a Hawaii debt collection case:

  1. Answer each allegation listed in the Complaint.
  2. Assert affirmative defenses.
  3. File your Answer with the court and serve the plaintiff.

If you're worried about making a mistake, or feeling anxious, SoloSuit has your back. We can help you easily create an Answer, have it reviewed by a qualified attorney, and submit it to the Hawaii small claims court and the plaintiff on time.

If you decide to create the Answer on your own, we've provided detailed instructions for each of these three steps below. If you don't like reading, check out this video instead:

1. Answer each allegation listed in the Complaint

Your Answer is simply your response to the accusations made against you in the Complaint document. When you read the Complaint, you'll notice many numbered paragraphs, each with an allegation against you. This section can be overwhelming, and sometimes confusing. But it doesn't have to be; just follow the guidelines below.

When you draft your Answer to a debt lawsuit, the first section of the Answer should contain a list where you respond to each allegation from the Complaint. There are three ways you can respond to each claim:

  1. Admit—like saying, “This is true.”
  2. Deny—like saying, “Prove it.”
  3. Deny due to lack of knowledge—like saying, “I don't know.”

So, which strategy should you choose? For starters, always be truthful when answering a Complaint. However, you may feel unsure about whether some of the allegations against you are true or false. This is totally normal. If you're unsure, you can either state that you lack the necessary knowledge or deny the allegation.

Whether you deny an allegation or state that you are unsure about it, the plaintiff must prove these allegations in court. In fact, most attorneys recommend denying as many allegations as possible. This gives you the strongest case possible, because when you deny a claim, it transfers the burden of proof to the plaintiff.

Keep in mind that your responses aren't cast in stone; you can always amend your Answer at a later date, even after the case begins.

SoloSuit can help you respond to a Complaint in just 15 minutes.

2. Assert affirmative defenses

Affirmative defenses are a key part of your Answer, as they offer reasons why the collection agency should lose the case. You can use various affirmative defenses, but not all of them apply to your case.

Here are some common affirmative defenses used in debt collection cases:

  • The amount of the debt is incorrect: You can use this affirmative defense if the creditor made an error with regard to how much you owe. For example, if you paid part of the debt but your payment is not reflected in the Summons and Complaint, you could use this defense.
  • You canceled a contract with the creditor and don't owe the debt: Use this defense if you signed a contract with the creditor, but they are charging you for debt accrued after you canceled the contract.
  • Your Summons and Complaint were improperly served: Your Summons and Complaint should have been personally served to you at home. According to Hawaii Civil Code Rule 4(d)(1), the Summons and Complaint must be delivered together and in person. If you are not there, a copy can be left at your home with someone who lives with you.
  • The statute of limitations has expired: The statute of limitations on debt collection in Hawaii is six years, starting from the date you made your last payment. Any debt older than this cannot be taken to court.
  • Identity theft or mistaken identity: There are two identity issues you can use as affirmative defenses. The first one being if the creditor is suing you for a debt that doesn't belong to you, and the second being identity theft. You may use identity theft as an affirmative defense if the debt in question is from a credit card you never applied for, never received, or never used. This scenario includes a card that was stolen and used without your authorization.
  • Lack of standing due to no debtor-creditor relationship: Use this affirmative defense if your original creditor sold off your debt to a collection agency who then filed the lawsuit. In this case, the debt collector must prove that they purchased your debt from your original creditor and provide all the documentation of the transfer.

Asserting your affirmative defenses will strengthen your case. While it may take some time to complete this part of your Answer, it will benefit you as you proceed with the case in Hawaii small claims court. You can only assert your affirmative defenses in your initial response in order to have them considered in the case, so make sure to take the opportunity while you have it.

Now, let's take a look at an example.

Example: Polly received a lawsuit letter from Aargon Collection Agency, Honolulu. The debt collectors claimed that she had a $3,400 3-year old debt in collection. Polly remembers having a debt with Aloha Credit Union (ACU) but canceled the credit card after spending $950. In her answer document, she stated two affirmative defenses; she canceled the credit card with ACU two years back and doesn't owe the entire $3,400. Secondly the debt amount quoted is incorrect. Polly has a strong case with the two affirmative defenses. She uses SoloSuit to draft and file her Answer, and a couple weeks later, Polly finds out that the case has been voluntarily dismissed.


Use the right defense in the right way with SoloSuit's help.

3. File your Answer with the court and serve the plaintiff

Once you've completed your Answer, you need to file it. Make sure you file the Answer promptly, as you could face a default judgment if your Answer does not make it to the court in time. Do you want to have peace of mind during this process? Have SoloSuit file the Answer for you.

To file your Answer correctly, you should:

  • Make two copies of your Answer document.
  • Mail copy #1 to the Hawaii court.
  • Mail copy #2 to the plaintiff's attorney.

Before mailing your copy to the court, make sure you have the correct mailing address for the court that appears on your Summons and Complaint. Mail both copies using USPS Certified Mail and request a confirmation receipt to ensure your Answer is properly delivered.

Once you receive the receipt, make copies of everything including your Answer document. Keep a copy in your phone in case there is an issue and you need proof of receipt.

SoloSuit can help you file your Answer in Hawaii.

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The statute of limitations on debt in Hawaii protects consumers

The Hawaii statute of limitations on debt collections is six years. This means that if an account is left inactive for six or more years, no one can sue you for it. An inactive account means that no payment has been made on it. If you start making payments on an old debt again, this will restart the clock on the statute of limitations. So always check the statute of limitations on a debt before agreeing to make any payments to your creditor or debt collector.

However, keep in mind that an expired statute of limitations will do nothing to keep a creditor or debt collector from suing you; they may try to take you to court and hope that you are not aware of the debt timeline. This is why you should use the statute of limitations as an affirmative defense if it applies to your case. It's the only way you can get out of a lawsuit and avoid being pressured to pay the debt.

The table below highlights Hawaii's statute of limitations on different types of debt:

Statute of Limitations on Debt in Hawaii

Debt Type Deadline
Credit Card 6 years
Medical 6 years
Student Loan 6 years
Auto Loan 6 years
Mortgage 6 years
Personal Loan 6 years
Judgment 6 or 20 years
Source: Haw. Rev. Stat. § 657-1, 5

Additional Hawaii debt collection laws protect consumers

Consumers in every state in the U.S. are protected by the Fair Debt Collection Practices Act (FDCPA). This is a nationwide law that forbids debt collectors to use harassing, defamatory, deceitful, threatening, or otherwise unfair tactics to collect debts.

If you live in Hawaii, you have additional protections from state-level laws. Here are some of the specific Hawaii debt collection laws that protect you:

  • In order to collect debts, collectors must be registered with the state and must renew the registration by June 30 of each year.
  • Collectors may not lie (including about who they are or how much debt you owe) in order to collect a debt.
  • If a collection agency is shutting down, it must send a written statement to clients informing them.
  • Collectors must keep permanent records of all funds collected.
  • If a person or agency is not a registered debt collector, they may not send any paperwork that might make you think they are a debt collector.
  • Collectors may not use threats of violence or arrest to collect a debt.
  • Collectors may not attempt to damage your reputation or use profane language when attempting to collect a debt from you.

Hawaii takes consumer protection seriously. If a debt collector violates the law, they can be fined up to $5,000 for each violation.

Respond to a lawsuit in Hawaii Small Claims Court

Most debt collection cases in Hawaii can be filed in the small claims court. Hawaii Small Claims Court is a division of the District Court that has jurisdiction over certain disputes between two or more parties.

If your case involves $5,000 or less, then it was probably filed in the Small Claims Court. To respond to a Small Claims case, you can follow the same steps listed earlier in this article: respond to each allegation in the Complaint document, assert your affirmative defenses, and file your Answer document before the deadline.

Settle debt in Hawaii

If you’ve been sued for a debt, the time to spring into action is now! If you don’t act quickly, the creditor will win the lawsuit by default. This means that the court will order you to pay the amount you owe.

If you don’t, the creditor can garnish your wages and maybe even seize and sell your property to pay the debt. Inorder to settle your debt before your court date, there are three steps you need to take to settle debt in Hawaii:

1. Respond to the debt lawsuit

Hawaii gives you 20 days to respond to a lawsuit notice. The document you use to respond is called an Answer. In your Answer, you have a chance to respond to the allegations against you. For instance, if a collector is suing you for a debt that happened because your identity was stolen, you might explain that in your Answer.

Have you been sued for a debt? Send your Answer right now with SoloSuit!

In addition to sending your Answer by the deadline, you must make sure that it is formatted correctly and is sent to the right parties. SoloSuit can help you with both. We’ll guide you through drafting the document and then send it where it needs to go.

2. Start negotiating with an offer

Lots of people make the mistake of not sending the Answer letter because they intend to settle the debt. However, in order to avoid having a default judgment, you must file your Answer regardless. Once it’s been filed, you can get started on settling.

Before you do so, decide how much you can pay to settle. Settlements are almost always lump-sum payments, as most creditors don’t want to take the chance of you defaulting on a payment plan.

At SoloSuit, we usually suggest starting negotiations by offering to pay 60% of the debt. However, because settling debt usually involves a good bit of back and forth, you should start by making an offer less than the maximum you can pay.

However, when it comes to settling a debt, there are no hard and fast rules. If you have very little income or a creditor has a reason to think they might not be able to collect on a judgment, they might accept a lesser offer.

The key is to make your offer reasonable. Offering to settle a $10,000 debt for $4,500 is reasonable (although the creditor is still likely to negotiate up). Offering to settle a $10,000 debt for $200 is not.

3. Get the agreement in writing

Once you reach an agreement, you’ll probably breathe a sigh of relief. Don’t relax just yet! Before you send any money, you should always get your debt settlement agreement in writing. Some collectors may agree to settle and then turn around and try to go after you for the remainder of the original debt. Not all do, but just in case, you should have an agreement that includes the following:

  • The settlement amount
  • The date it will be paid
  • How it will be paid (bank transfer, check, etc.)
  • A stipulation that once you pay, the creditor forfeits any right to pursue the rest of the debt

If you want to be careful, it also might be a good idea to have the agreement notarized.

For more information on how to negotiate debt settlement on your own, check out these tips from a licensed attorney:

Hawaii legal aid organizations can help you

Like all the other U.S. states, Hawaii has at least one government-funded organization where you can receive free legal services, it is called The Legal Aid Society of Hawaii. You can find out more about their service by contacting them using the following information:

The Legal Aid Society of Hawaii (Main Branch)
924 Bethel St.
Honolulu, HI 96813

808-536-4302 (Oahu number)
800-499-4302 (Other Islands)

Check the status of your court case in Hawaii

It’s best to avoid debt lawsuits altogether. But if you’ve been sued, there are still steps you can take to avoid a judgment. The most important step is to track your case to make sure you don’t miss a deadline.

If you do, you’ll likely have a default judgment against you. This means that the creditor wins automatically, and you’ll be ordered to pay the full amount owed. To see why tracking a case is so important, let’s look at an example.

Example: Jack is being sued by Hawaii Collectors Inc. for $3,000. He gets the Summons and Complaint in the mail and uses SoloSuit to send an Answer letter. He plans on asking to settle the debt for $2,000, but he quickly forgets about it. He gets a notice that the first hearing for the lawsuit will be on June 10, but he does not attend. Because Hawaii Collectors Inc. showed up for the hearing and Jack didn’t, the collection agency wins the claim, and Jack’s wages are garnished for the full amount.


So, how do you track your court case? It starts with learning how to check the status of your Hawaii court case. Fortunately, Hawaii makes it easy to get the court documents you need online. You can search for your case using an online portal called eCourt KōKua. You will need to enter one of the following to search:

  • Your first and last name (or the first and last name of one of the other people involved)
  • The name of a business (if a company is involved)
  • Your case number

In some cases, you might not be able to access all the documents you need this way. If that happens, you can look up your local court and visit in person. Some courts might require you to file a formal request for documentation.

Hawaii state court locations

Sometimes the location of your court isn't clear from the Summons. So we've linked to a list of Hawaii state courts here. This information should be helpful in finding the location of the specific Hawaii small claims court your case is filed. Be wary though, sometimes the mailing address is different from the physical address. So if you want to avoid that Waikiki traffic, you can have us file for you.

And if you're ready to draft and file an Answer to your debt collection lawsuit in Hawaii, find your local court below to get started:

Find debt relief in Hawaii

Whether you’ve been served with a lawsuit or not, it’s always helpful to learn about new ways to reduce your debt. Typically, debt relief programs don’t work like magic bullets, so you likely aren’t going to find one that knocks out all of your debt by itself.

However, if you’re able to find several different grants or programs to apply for, you may be able to erase more of your debt than you’d anticipated. These are some of the potentially helpful programs Hawaii has to offer:

Bear in mind that the programs above don’t always directly pay down debt balances. However, if you’re able to get financial support for medical care, household expenses, and other costs, you can take more of your earnings and apply them to debt.

It’s also important to be on the lookout for scams. Some debt collectors use shady tactics, but so do many so-called “debt-relief services” companies. The Federal Trade Commission (FTC) warns that these companies will often charge a significant upfront fee. They promise that they’ll be able to negotiate with your creditors and significantly lower your debt. But in most cases, your debt balance barely budges or doesn’t change.

These businesses target people who have both significant credit card balances and low incomes. They know that if you’re strapped for cash, you likely won’t be able to come after them for fraud or false advertising. Stay away from these companies!

Of course, not everyone qualifies for relief programs. For instance, many people have incomes higher than the income limit for these programs, but they still face significant debt. Thanks to the rapidly rising cost of living, it’s entirely possible to make an average or even higher than average income and still struggle with debt. You still have other options for finding debt relief in Hawaii, such as:

Applying for debt consolidation loans

If you have fair or better credit, you might be able to qualify for a debt consolidation loan. This works a lot like a personal loan. If you apply and are granted one, the loan will be sent to your bank account. From there, you can use it to pay off all or some of your debts. That way, multiple debts are combined into a single monthly payment.

The interest rates on debt consolidation loans are typically lower than the rates on credit cards and many other kinds of debt, meaning you’ll pay less over time.

Getting a HELOC or home equity loan

A HELOC (home equity line of credit) works a lot like a credit card. However, because it’s secured by your home, it often has a low interest rate. A home equity loan is also secured by your home, but unlike a HELOC, it’s a sum disbursed to you all at once.

This option is only possible if you own your home. The low interest rate makes it attractive for consolidating higher-interest debts. However, think carefully before you take one out; if you fail to pay it off as agreed, the lender can repossess and sell your house.

Settling debt with a creditor

Generally, if you can continue to pay off debt as agreed, that’s the best thing to do. But if you’re having trouble making payments (and especially if you’ve been sued), settling is better than going through a lawsuit and getting a judgment against you! Settling a debt will have a temporary negative impact on your credit score, but that impact isn’t as significant as a judgment or bankruptcy.

Ready to be done with your debt once and for all? Get started with SoloSettle by SoloSuit.

Stop wage garnishment in Hawaii

Each state has its own wage garnishment laws, and Hawaii’s are some of the most complicated in the nation. However, in some cases, that may mean you end up paying less than the federal limit on garnishments. Thankfully, there are still ways to stop wage garnishment in Hawaii, or even stop it before it happens.

If a state has its own set of garnishment laws, the court must calculate the maximum amount you’d pay weekly according to the state laws. Then, it must calculate the maximum amount you’d pay weekly under federal laws and choose the lesser of the two.

Under federal garnishment limits, you pay the lesser of these two each week:

  • 25% of your disposable income
  • The amount of disposable income after subtracting 30 times the federal minimum wage ($7.25)

Hawaii garnishment laws allow creditors to garnish the following per month:

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

In any case, “disposable income” is your income minus state and federal taxes.

Once you have a wage garnishment, it’s difficult to stop. Ideally, once there is a lawsuit against you, you’ll either pay the full amount or settle. If you do this, you avoid a judgment (and therefore avoid wage garnishment).

However, if you think the garnishment order is unjust, you can request a hearing. For instance, in many cases, Social Security, unemployment, and similar kinds of income are usually exempt from garnishment unless the garnishment is for child support or spousal support.

Key takeaways

Nice work—now you know how to properly handle a Summons and Complaint in Hawaii. Here's a quick summary of what you have learned:

  • There is a 20-day deadline to file your Answer
  • There is no fee to file an Answer to a debt lawsuit in Hawaii.
  • To submit your Answer, you should:
    • Respond to each allegation in the Complaint.
    • Assert affirmative defenses.
    • File your Answer with the court and serve the plaintiff.
  • The statute of limitations on debt in Hawaii is six years.
  • Hawaii small claims courts deal with cases involving $5,000 or less.

Feeling stressed by the process? Don't sweat it. Let SoloSuit create, review, and submit your Answer electronically in just 15 minutes. Our documents are designed to cater to all the details needed in responding to a lawsuit.

You can also use our other documents to urge the creditors to settle out of court. Our Motion to Compel Arbitration asks the creditors to honor the arbitration clause in the credit agreement you signed. Learn more about arbitration in this video:

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The Ultimate 50 State Guide

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If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

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Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


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