Hawaii small claims court is a division of the district court that hears money disputes up to $5,000, plus residential security deposit cases and claims for return of leased property. The filing fee is $35, hearings are usually scheduled within 5 to 30 days of filing, and most people handle their own cases without a lawyer. One feature to understand before you file: there is no appeal from a small claims judgment, so the hearing is your only chance to make the case.
What You Can Sue For
The small claims division handles three types of cases: claims for money not exceeding $5,000 (not counting interest and costs), disputes between landlords and tenants over security deposits, and cases seeking the return of leased or rented personal property worth less than $5,000 where the claimed lease or rental amount is also under $5,000.1Justia. Hawaii Code 633-27 – District Courts; Powers
The court can award money damages but not punitive damages. Equitable relief, such as an order to make repairs or issue a refund, is available only in landlord-tenant disputes under Hawaii’s residential landlord-tenant code. Class actions are not allowed.1Justia. Hawaii Code 633-27 – District Courts; Powers
If your claim is worth more than $5,000, you can file in the regular division of the district court, or you can waive the excess and file in small claims to use the simpler process. Waiving the excess is permanent: you cannot come back later for the rest.
How Long You Have to File
Hawaii gives you six years from the date the problem arose to file most small claims cases. That six-year window covers contract disputes, claims for detained or damaged personal property, and any other personal action not covered by a shorter, more specific deadline.2Justia. Hawaii Code 657-1 – Six Years Personal injury claims carry a two-year deadline. Miss the applicable deadline and the court will dismiss the case regardless of its merits. The clock generally starts when the harm occurs or when you reasonably should have discovered it.
Filing and Serving the Case
You start a case by filing a statement of claim with the district court clerk. The statement identifies the defendant, describes what happened, and states how much money you’re seeking. The filing fee is $35.3The Judiciary State of Hawai’i. District Court Filing Fees and Costs If you’re an individual, the clerk will prepare the paperwork for you at no extra charge. Corporations, partnerships, and other business entities don’t get that help.4Justia. Hawaii Code 633-28 – Small Claims, No Appeal; Appearance by Whom
File in the correct judicial circuit. Venue is generally the circuit where the defendant lives or where the dispute took place.5The Judiciary State of Hawai’i. Rules of the Small Claims Division of the District Courts
Most people represent themselves. With the court’s approval, a non-lawyer can appear for you as long as they aren’t paid to do it; charging for representation in small claims is the unlawful practice of law.4Justia. Hawaii Code 633-28 – Small Claims, No Appeal; Appearance by Whom Security deposit cases are different: neither side may be represented by an attorney at all, including salaried in-house counsel for a landlord.6Justia. Hawaii Code 521-44 – Security Deposits
Once you file, the clerk issues a notice telling the defendant when to appear. You have to get the notice and your statement of claim to the defendant. Your options:
- Certified or registered mail with a return receipt personally signed by the defendant, showing delivery within the judicial circuit where the court sits.
- Personal service by a process server or other authorized person. You can even serve the papers yourself if the recipient signs to confirm receipt, or if a competent witness (not your employee, family member, or agent) confirms the delivery through a notarized affidavit or court appearance.
The notice must be served at least 48 hours before the hearing date. Otherwise the court will reissue it with a new date.4Justia. Hawaii Code 633-28 – Small Claims, No Appeal; Appearance by Whom5The Judiciary State of Hawai’i. Rules of the Small Claims Division of the District Courts
What Happens at the Hearing
Hearings are set between 5 and 30 days after filing.5The Judiciary State of Hawai’i. Rules of the Small Claims Division of the District Courts Both sides appear before a judge and explain their version of events. There is no jury. The judge asks questions and moves things along, so you don’t need to know courtroom procedure. Bring everything you have: receipts, photos, contracts, text messages, written estimates. Physical evidence carries more weight than verbal argument.
If the defendant doesn’t show, the judge can enter a default judgment. For a specific dollar amount you can prove with documentation, the judge may award it without more evidence. For less clear-cut amounts, you’ll still need to show what you’re owed. If you filed the case and fail to appear, the court can dismiss it or enter judgment for the defendant.5The Judiciary State of Hawai’i. Rules of the Small Claims Division of the District Courts
Counterclaims If You Were Sued
A defendant can file a counterclaim against the plaintiff. The counterclaim uses the same statement-of-claim form and can be served on the other party by mail.5The Judiciary State of Hawai’i. Rules of the Small Claims Division of the District Courts
Hawaii’s rule here is unusual. Even if your counterclaim exceeds the $5,000 small claims cap, the whole case stays in the small claims division as long as the counterclaim falls within the district court’s overall jurisdictional limit. It doesn’t get bumped up to the regular division.7Justia. Hawaii Code 633-30 – Counterclaim; Retention
The Judgment Is Final
The judge usually announces the decision at the end of the hearing. The ruling can include a money award or, in landlord-tenant cases, equitable relief.
There is no appeal. The statute states it plainly: “There shall be no appeal from a judgment of the small claims division.”4Justia. Hawaii Code 633-28 – Small Claims, No Appeal; Appearance by Whom The Hawaii courts confirm that the judge’s decision is final.8The Judiciary State of Hawai’i. Small Claims Court Brochure
Your only recourse is a motion asking the same court to alter or set aside the judgment. That is a narrow remedy, typically limited to situations like a clerical mistake, excusable neglect in failing to appear, or newly discovered evidence. It is not an opportunity to re-argue the same facts with the same evidence.
Collecting on a Judgment
Winning and collecting are two different things. If the losing party doesn’t pay voluntarily, you have several tools:
- Writ of execution: the court directs law enforcement to seize the debtor’s personal property, and if that isn’t enough, real property within the circuit. Seized property is sold at public auction, and the proceeds go toward the judgment plus interest and costs.
- Wage garnishment: Hawaii law lets you garnish 5% of the debtor’s first $100 of monthly wages, 10% of the next $100, and 20% of everything above $200 per month. You start the process by filing a certified copy of the judgment and an affidavit of the unpaid balance with the debtor’s employer.9FindLaw. Hawaii Code 652-1 – Garnishment of Wages
- Debtor examination: if you don’t know what the debtor owns, you can ask the court to order the debtor to appear and disclose their finances.
Interest runs on the judgment at 10% per year from the date it’s entered, so the balance grows the longer payment is delayed.10FindLaw. Hawaii Code 478-3 – Interest on Judgments Judgments from Hawaii’s courts of record remain enforceable for 10 years, and since small claims operates as part of the district court, that window generally applies here too.
Security Deposit Cases Have Their Own Rules
Residential security deposit disputes get special treatment. Either the landlord or the tenant can bring the case, and the stakes for landlords are higher than in ordinary claims. If a court finds the landlord wrongfully retained a deposit, the tenant receives the withheld amount plus costs. If the retention was both wrongful and willful, the court can award up to three times the amount wrongfully kept. If the court finds the landlord was entitled to keep the deposit, the landlord gets the disputed amount plus costs. And as noted, no attorneys on either side.6Justia. Hawaii Code 521-44 – Security Deposits
Consider Mediation Before the Hearing
Hawaii’s courts encourage mediation to settle disputes before a hearing. A neutral third party helps both sides work toward an agreement. The process is voluntary and confidential, and it often resolves cases faster than waiting for a hearing. The court may refer you to community mediation services or court-affiliated programs. If mediation succeeds, the agreement can be formalized as a court order with the same enforceability as a judgment. Because small claims judgments can’t be appealed, mediation gives you something the hearing won’t: control over the outcome.