HRS §490:3-604
Discharging a debt by canceling or giving up the instrument
This section explains how a person who has the right to collect on a promissory note, check, or similar paper can let the debtor off the hook. They can do this by intentionally destroying, canceling, or giving up the paper, or by signing a written promise not to sue. Destroying a check during electronic processing does not cancel the debt.
creditorsdebtors
The statute, as written — Discharge by cancellation or renunciation
(a) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument (i) by an intentional voluntary act, including surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, or the addition of words to the instrument indicating discharge, or (ii) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing. The obligation of a party to pay a check shall not be discharged solely by destruction of the check in connection with a process in which information is extracted from the check and an image of the check is made and, subsequently, the information and image are transmitted for payment. (b) Cancellation or striking out of an indorsement pursuant to subsection (a) does not affect the status and rights of a party derived from the indorsement.
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