For Hawaii residents dealing with Resurgent Capital Services on student loan debt
Send a cease-and-desist letter under FDCPA § 1692c to legally stop all collector communications. This guide applies the steps specifically to Hawaii's laws and Resurgent Capital Services's documented collection practices for student loan debt accounts. In Hawaii, the statute of limitations on student loan debt is 6 years and wage garnishment is limited to 5% of first $100 + 10% of next $100 + 20% of remainder.
6 years
Hawaii Statute of Limitations
$37,338
Average Student Loan Debt
5% of first $100 + 10% of ne
Garnishment Limit
Resurgent Capital Services has a documented record of FDCPA violations. If any of these occur during your Hawaii collection dispute, document them and file immediately.
Steps customized for Hawaii law, student loan debt rules, and Resurgent Capital Services's collection patterns.
Under FDCPA, collectors cannot call before 8am or after 9pm, call your workplace if told not to, contact third parties about your debt, use abusive language, or threaten actions they don't intend to take.
Before sending a cease-and-desist, log each call with date, time, phone number, and what was said. This record is evidence if you need to sue for FDCPA violations later.
Your letter needs only one thing: a clear statement invoking your right under 15 USC § 1692c to cease all communication. Send it via certified mail with return receipt to the exact name and address on the collector's correspondence.
Once they receive your letter, collectors may only contact you to confirm they will stop, or to notify you of specific action like a lawsuit. If they call again, each call is an FDCPA violation worth up to $1,000.
Log any contacts after your cease-and-desist was received. If violations occur, you can sue in federal court within one year for $1,000 per violation plus actual damages and attorney fees.
These strategies apply to student loan debt specifically. Federal student loans have specific protections. Private student loans are governed by state contract law. Income-driven repayment and forgiveness programs may apply.
HI Uniform Deceptive Trade Practices Act governs debt collection in Hawaii in addition to the federal FDCPA. To file a complaint: Office of Consumer Protection.
Key Hawaii Protections:
In Hawaii, wage garnishment is capped at 5% of first $100 + 10% of next $100 + 20% of remainder. The following income is protected: Social Security, Unemployment, Workers' comp, Pension. Resurgent Capital Services must first obtain a court judgment through proper legal process before any garnishment order can be issued.
The SOL for student loan debt in Hawaii is 6 years. Once expired, Resurgent Capital Services cannot win a court judgment even if the debt is real. You must raise the SOL as an affirmative defense in your Answer if sued — never ignore a lawsuit.
HI Uniform Deceptive Trade Practices Act applies in Hawaii alongside the federal FDCPA. Complaints can be filed with Office of Consumer Protection. Very low graduated wage garnishment formula
Send a certified validation letter within 30 days of first contact. Demand the original creditor name and full chain of assignment. Resurgent Capital Services must stop all collection activity until they validate. If they fail to validate, file complaints with the CFPB and Office of Consumer Protection.
Generate legally precise dispute letters, cease-and-desist demands, and validation requests built for Hawaii's specific laws and Resurgent Capital Services's documented tactics. Starting at $9.99/month — cancel anytime.