Hawaii House Bill HB400

Hawaii 2022 Regular Session

• Introduced: 1/25/21
• Refer: 1/27/21

Caption

Relating To Garnishment.

Impact

If enacted, this legislation would have significant implications for creditors seeking to recover debts through garnishment. Currently, creditors can pursue wage garnishment as a measure to ensure payment from debtors. However, the proposed changes would restrict this recourse in cases of consumer debt, requiring creditors to seek alternative methods for debt recovery. The bill underscores a growing recognition of the strain that wage garnishment can place on indebted individuals and aims to align state laws with broader protections for consumers.

Summary

House Bill 400 aims to amend the Hawaii Revised Statutes regarding garnishment practices specifically pertaining to consumer debt. The bill seeks to prohibit the garnishment of wages or salaries for the purpose of recovering consumer debts, which are defined as obligations arising from transactions primarily intended for personal, family, or household purposes. This change intends to safeguard consumers from losing a portion of their earnings due to consumer debt claims, thereby promoting financial stability for individuals facing such debts.

Contention

Discussions surrounding HB 400 may present various points of contention. Proponents of the bill argue that it protects vulnerable populations by ensuring that individuals retain access to their wages for essential living expenses, addressing concerns about financial hardship among consumers. Conversely, opponents may contend that while the bill offers consumer protection, it may limit the rights of creditors to recover debts efficiently, potentially leading to increased financial risk for businesses relying on successful debt recovery. The balance between protecting consumer rights and ensuring creditors' abilities to collect debts will be a significant theme in debates regarding this bill.