HRS §443B-9
When collection agencies can charge fees
A collection agency cannot charge you collection fees, attorney's fees, or commissions unless a lawsuit has been filed, and then only up to 25% of the unpaid balance. Any attorney's fees collected must go to the attorney, not the agency. Exceptions exist for certain government contracts.
creditorsdebtors
The statute, as written — Collection, attorney's, or commission fees; exception
(a) A collection agency shall not collect, or attempt to collect, any collection fee or attorney's fee or commission from any debtor; provided that an attorney's fee or commission may be collected after filing of a suit against any debtor and the fee or commission shall not be in excess of twenty-five per cent of the unpaid principal balance. All attorney's fees or commissions collected by a collection agency shall be remitted to the attorney and no portion of the collection shall be retained by the collection agency. (b) This section shall not prohibit a collection agency from collecting, or attempting to collect, from a debtor, a commission authorized under a contract with the University of Hawaii, a contract with the department of taxation pursuant to sections 231-13 and 231-26, or a contract with the executive office on early learning.
Sections this one refers to
§231-13 How the tax director collects overdue taxes
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