How to read the numbers here
Hawaii treats a bad check as two matters. Under HRS Section 490:3-506, a payee may sue for civil damages set by statute, with the amount above the check's face value capped, plus a capped service fee under HRS Section 490:3-506.5. Under HRS Section 708-857, negotiating a worthless negotiable instrument is a misdemeanor no matter the check amount, and failing to make good within the notice period after a dishonor notice is prima facie evidence of knowledge. Installment loans are allowed under Hawaii law under HRS chapter 480J. Payday lending ended under Act 56, effective January 1, 2022, and title loans are not allowed under Hawaii law. Contact the DCCA or legal aid for help.
How Hawaii treats a bad check
Hawaii law handles a dishonored check as two separate matters under state law: a civil claim the payee can bring to recover money, and a criminal charge the state can bring. The civil remedy is set out in HRS Section 490:3-506. The criminal offense, negotiating a worthless negotiable instrument, is set out in HRS Section 708-857. A single bounced check can expose the person who wrote it to both at once, and one does not replace the other.
Civil damages for a dishonored check
Under HRS Section 490:3-506, a payee who was not paid because a check was dishonored may bring a civil action against the drawer. The statute lets the payee recover a fixed minimum amount or three times the check amount, whichever is greater, though the extra amount above the face value of the check is capped by the statute. Separately, HRS Section 490:3-506.5 lets the person owed money charge a service fee for a dishonored check, but that fee is capped at a set amount under the statute. Neither remedy requires a criminal conviction first.
Criminal charges under HRS 708-857
Negotiating a worthless negotiable instrument is a misdemeanor under HRS Section 708-857, and the grade of the offense does not change with how much the check was written for. The statute also sets out how the state can show the drawer knew the check would not be honored. If the check was refused for lack of funds on presentation within thirty days after its date, and the drawer then failed to make good within the notice period of ten days after actually receiving a notice of dishonor, that failure is prima facie evidence the drawer knew the check would not clear.
Borrowing options in Hawaii
If money is tight enough that a check might bounce, it helps to know what borrowing options exist here. Installment loans are allowed under Hawaii law under HRS chapter 480J, especially section 480J-4, and are overseen by the Hawaii Department of Commerce and Consumer Affairs, Division of Financial Institutions. Payday loans are not allowed under Hawaii law: the law that once permitted them was repealed effective January 1, 2022. Title loans are also not allowed under Hawaii law, since no specific statute authorizes them. For a sense of what an installment loan can cost, see the cost example on this page rather than any figure in this text. BadCreditMD is not a lender or broker. A lending network partner shares requests with lenders. Lenders set their own rates and decide whether to lend.
Where to get help in Hawaii
If a check has already bounced, or money is tight and you want to avoid writing one, Hawaii has several places to turn. Legal Aid Society of Hawaii can advise on rights and notices. The Hawaii Department of Commerce and Consumer Affairs, Office of Consumer Protection and its Division of Financial Institutions oversee lenders and can answer questions about a specific loan or lender. The National Foundation for Credit Counseling agency finder can connect you with nonprofit credit counseling. The state Department of Human Services Benefit, Employment, and Support Services Division can help if the shortfall is tied to a benefits gap, and the statewide helpline or the Consumer Financial Protection Bureau complaint system are also available.
Key facts
| Measure | Figure |
|---|---|
| Notice period[1] | 10 daysYear 2026 |
| Service fee maximum[2] | $30Year 2026 |
- Civil damages ruleA civil action on a dishonored check may recover 100 dollars or triple the check amount, whichever is greater, but no more than 500 dollars above the check amount, under HRS Section 490:3-506.[1]
- Misdemeanor penaltyNegotiating a worthless negotiable instrument is a misdemeanor under HRS Section 708-857, and the grade does not change with the dollar amount.[3]
- Prosecution notice requirementIt is prima facie evidence the drawer knew a check would not be honored if payment was refused for lack of funds on presentation within 30 days after its date or issue and the drawer failed to make good within 10 days after actual receipt of a notice of dishonor, under HRS Section 708-857.[3]
- Statute citationHaw. Rev. Stat. Section 708-857, negotiating a worthless negotiable instrument[3]
Lending rules in Hawaii: Hawaii lending laws.
Related loan rules: Payday loans in Hawaii.
Common questions
Is writing a bad check a crime in Hawaii?
Yes. Under HRS Section 708-857, negotiating a worthless negotiable instrument is a misdemeanor in Hawaii, and the charge does not change based on how large the check was. The statute also describes how the state can show the drawer knew the check would not clear.
Can someone sue me over a bounced check in Hawaii?
Yes. HRS Section 490:3-506 lets the payee bring a civil action to recover a fixed minimum amount or three times the check amount, whichever is greater, with the extra amount above the check capped by statute. HRS Section 490:3-506.5 separately allows a capped service fee for the dishonored check.
Are payday loans allowed in Hawaii?
No. Payday lending is not allowed under Hawaii law. The law that once permitted it was repealed by Act 56, Session Laws of Hawaii 2021, effective January 1, 2022. Installment loans remain allowed under Hawaii law under HRS chapter 480J.
What happens if I do not pay back a bounced check right away?
Under HRS Section 708-857, if a check is refused for lack of funds within thirty days of its date and the drawer does not make good within ten days after receiving a notice of dishonor, that failure is treated as prima facie evidence the drawer knew the check would not clear.
Sources
- Hawaii State Legislature. HRS Section 490:3-506, Dishonored check; action for treble damages; procedures.
- Hawaii State Legislature. HRS Section 490:3-506.5, Charges for dishonored checks.
- Hawaii State Legislature. HRS Section 708-857, Negotiating a worthless negotiable instrument.