Hawaii Small Claims Court Process

Last Updated: March 22, 2023 by Ashley Porter

Small Claims Court Basics in Hawaii

Small Claims Court is an informal court designed for minor cases limited to a maximum claim amount.  If you do not hire an attorney, you must file your small claims case and attempt to resolve your issue online without involving a judge.

If you do go to trial, it does not involve a jury. Instead, the plaintiff and defendant present their case to the judge, who makes a decision.

Common suits filed by landlords include:

• Recovery of unpaid rent
• Damages that exceed the amount of the security deposit
• Failure to uphold the responsibilities of the rental agreement
• Early termination of a lease

Common suits filed by tenants include:

• Failure to return the security deposit correctly
• Failure to uphold the responsibilities of the rental agreement
• Overcharging for damages

How Long Does the Small Claims Court Process Take in Hawaii?

A typical small claims case in Hawaii takes one month, from the date of filing, but can be longer if there are problems serving the defendant, you cannot resolve your issue through online negotiations, or other delays occur.

How Much Can You Sue For in Small Claims Court in Hawaii?

In Hawaii, the maximum amount that can be recovered through Small Claims Court is $5,000, [1] except there is no limit for claims regarding the return of a security deposit.

To attempt to recover an amount of more than $5,000, the suit must be filed as a regular civil case in District Court.

How Long Do You Have to File a Small Claim in Hawaii?

In Hawaii, you have up to 1 year [2] from the termination of the lease to file a small claims case regarding the return of a security deposit. If the case is regarding the breach of a written or oral lease agreement, the case must be filed within 6 years. [3]

Are Lawyers Needed or Allowed in Small Claims Court in Hawaii?

Small Claims Court is designed to be simple and not require an attorney. Either party can be represented by an attorney if they so choose, unless the case is for the return of a security deposit. [4]

Where are Small Claims Cases Filed in Hawaii?

In Hawaii, Small Claims Court is a division of District Court. If you do not hire an attorney (or cannot hire one due to the court rules) you must attempt to resolve your case online regardless of where the rental property is located.

If you are eligible to file a small claims case without using the online resolution program, the case should be filed in the judicial circuit where a majority of the defendants live or where the rental property is located. However, if the case is regarding a security deposit, the claim must be filed where the rental property is located. [5]

How to File a Small Claims Case in Hawaii

Unless you hire an attorney to represent you, you must file your small claims case through Hawaii’s Online Dispute Resolution Program (hosted by TurboCourt). The process is similar to filing a regular small claim, but you will attempt to resolve the issue online without going to the courthouse.

Follow the Online Dispute Resolution Guide to file your claim and pay the filing fee. You can also watch the How to File video for more information.

How Much Does it Cost to File a Case in Small Claims Court in Hawaii?

The fee for filing a small claims case through the Online Dispute Resolution Program in Hawaii is $35.

What if You Can’t Afford to File a Case?

You can still file a case if you cannot afford the fees by filing a Motion and Affidavit to Waive Filing Fees. Contact your local court clerk to obtain the form.

Small Claims Court Process in Hawaii

After filing a small claims case through the Online Dispute Resolution Program in Hawaii, the appropriate documents are served on the defendant, and you and the defendant will have up to seven days to negotiate. If you do not come to an agreement during that time, the case will be scheduled for trial.

Step 1: Serve the defendant by certified mail or personal service.

The following documents must be served on the defendant:

• Statement of Claim and Hearing Notice

• Notice to Defendant(s) of Online Dispute Resolution
• Any exhibits you filed with the Statement of Claim

Option 1 – Certified Mail: Mail the documents to each defendant by certified mail, restricted delivery with a return receipt requested.

Once you receive the green card in the mail signed by the defendant, you must upload a Certificate of Service to TurboCourt. A link to the form will be provided after you file your case. Attach the certified mail receipt and green card.

If the documents are returned as undeliverable, try serving the defendant by personal service.

Option 2 – Personal Service: Have any person over 18 years old (not related to the case) hand-deliver the documents to the defendant. You can use a friend or neighbor or hire a professional process server.

The server will need to complete a Return of Service form. A link to the form will be provided after you file your case. Upload the form to TurboCourt.

Step 2: Negotiate with the defendant through the Online Dispute Resolution portal. You can watch the How to Negotiate video for assistance using the program. Other videos are available to guide you through creating a settlement agreement, filing the proof of service forms, and other steps in the process.

In the best case, you and the defendant will come to an agreement within seven days. If you do not complete negotiations during that time, the court will schedule the case for a trial.

Step 3: Attend the trial. On the trial date, you should bring copies of any evidence you have to support your claim. At the trial, the judge will give you and the defendant an opportunity to provide your arguments before deciding to dismiss the case or issue a judgment.

If the defendant does not attend the trial, the judge will issue you a default judgment.

Winning a Small Claims Judgment in Hawaii

If you win a judgment or come to a Settlement Agreement in Hawaii, you may be paid within the allotted time period or you may need to pursue additional actions to recover the debt. Decisions made in Hawaii Small Claims Court cannot be appealed. [6]

If you and the defendant sign a Settlement Agreement, it will include a schedule or deadline for payment. If you go to trial and the judge issues a judgment, they will determine a time period for payment. In the best case, the judgment debtor pays their debt within this period.

If the debtor is delinquent on their payment or refuses to pay, there are multiple court actions available to recover the debt. If the defendant does not comply with the Settlement Agreement, you can file a Motion to Enforce Settlement Agreement.

The most common methods of enforcing a judgment are garnishment of wages, bank garnishment, or placing a lien on real estate. To initiate these processes, you would need to file a case through the District Court to seek court-enforced payment of the judgment.