Hawaii Unsecured Promissory Note Overview
An unsecured promissory note in Hawaii is a loan agreement where the borrower promises to repay without pledging any collateral. The lender relies on the borrower's creditworthiness and the legally enforceable promise to pay. The maximum interest rate in Hawaii is 10%.
10% per annum maximum; no limit for first mortgages from licensed lenders. Unsecured notes carry more risk for the lender, so interest rates are typically higher than secured notes. However, the rate must still comply with Hawaii's usury laws.
If the borrower defaults, the lender's primary remedy is filing a lawsuit within Hawaii's statute of limitations (6 years (oral and written)). The small claims court limit in Hawaii is $5,000, which is ideal for smaller unsecured loans.
10%
Usury rate cap
6 years
Statute of limitations
$5,000
Small claims limit
25%
Max garnishment
Hawaii Legal Requirements
Hawaii has specific requirements for unsecured promissory notes:
Important: Hawaii Usury Laws
Hawaii's maximum interest rate is 10%. 10% per annum maximum; no limit for first mortgages from licensed lenders. Exceeding this limit may void the interest or result in penalties.
- Written Agreement: Must be in writing, signed by borrower, clearly stating loan terms
- Compliant Interest Rate: Must not exceed Hawaii's 10% usury cap
- No Collateral Statement: Explicitly state that the note is unsecured with no collateral pledged
- Default Provisions: Events of default, cure period, acceleration clause, and collection remedies
- Personal Guarantee: Recommended for business borrowers to protect the lender
- Governing Law: Specify Hawaii law as the governing jurisdiction
Collection Remedies in Hawaii
If a borrower defaults on an unsecured promissory note in Hawaii, the lender has several collection options:
Send a Formal Demand Letter
Written notice demanding payment within a specified timeframe, creating a paper trail
File in Small Claims Court ($5,000 limit)
Fast, affordable, no attorney required for amounts within the limit
File a Civil Lawsuit
For amounts above small claims limits, file in Hawaii civil court
Enforce the Judgment
Up to 25% of disposable earnings; first $217/week exempt. Bank account levies and property liens also available
Statute of Limitations in Hawaii
The statute of limitations for collecting on a promissory note in Hawaii is 6 years (oral and written). After this period, the lender loses the right to file a lawsuit to enforce the note.
| Aspect | Hawaii Rule |
|---|---|
| Usury Rate | 10% |
| Statute of Limitations | 6 years (oral and written) |
| Small Claims Limit | $5,000 |
| Garnishment Rules | Up to 25% of disposable earnings; first $217/week exempt |
Sample Hawaii Unsecured Promissory Note
Below is a preview of our Hawaii-specific unsecured promissory note template.
STATE OF HAWAII
UNSECURED PROMISSORY NOTE
No Collateral Loan Agreement
LENDER:
Name: [Lender Name]
Address: [Hawaii Address]
BORROWER:
Name: [Borrower Name]
Address: [Hawaii Address]
LOAN TERMS
Principal: $[Amount]
Interest: [Rate]% per annum (max 10% in HI)
This note is UNSECURED. No collateral has been pledged.
Hawaii Unsecured Promissory Note FAQ
Answers to common questions about unsecured promissory notes and collection procedures in Hawaii.
Official Hawaii Resources
Use these official resources for Hawaii lending laws and court procedures.
Other Hawaii Promissory Note Types
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