Most people can't afford to hire an attorney to litigate on their behalf, especially when a relatively small dollar amount is at stake. Small claims court solves this problem. The small claims court procedures are simplified, quick, and inexpensive, making it an excellent forum for straightforward disputes, such as security deposit cases or automotive repair disputes—and there's no requirement to hire a lawyer.
In Hawaii, you'll file your small claims case in the Small Claims Division of District Court.
What Is the Dollar Limit in Hawaii Small Claims Court Cases?
Because of the relaxed procedures, you won’t be able to recover as much in small claims court as you would in other courts. You can recover up to $5,000 in a Hawaii small claims court action, and up to $40,000 in a counterclaim. In cases involving the return of leased or rented personal property, the property must not be worth more than $5,000. In addition, the Small Claims Division handles residential landlord-tenant security deposit claims, regardless of the amount of money involved. (Haw. Rev. Stat. § 633-27 (2025).)
If you’d like to recover more, you must go to a higher court. However, it might not be worth the effort required to learn the complicated rules or the costs of hiring an attorney.
What Type of Claim Can I Bring in a Hawaii Small Claims Court?
Almost any matter that can be resolved by awarding money is fair game. Small claims court is often used to recover unpaid debts, wages, security deposits, and medical costs after minor injuries, such as dog bites. For instance, small claims court works well if you want reimbursement for your rental unit’s broken fence after an unapproved Airbnb party or for a door ding incurred in a parking lot.
"Defendants," or the parties being sued, can include mechanics, dry cleaners, and caterers who fail to provide the agreed-upon services. Or, if a retailer doesn’t give you a refund after your lawn mower malfunctions or your hair dryer catches fire, you can use small claims court to bring a defective merchandise claim.
Landlords also use small claims court to recover unpaid rent and property damage. But like most states, Hawaii handles evictions in a separate court.
Small claims court probably won’t be the proper forum if you want something other than money. For example, you must go to a family law court if you want to file for divorce or change child custody. Also, most small claims courts won’t allow you to ask for punitive (“punishment”) damages, bring libel or slander actions, or sue a governmental entity. Because the actions you can bring in small claims court vary by state, check your local small claims court website for specifics.
How Do I File a Small Claims Action in Hawaii?
The first step is filling out the necessary forms for your claim, filing them with the Small Claims Division of the District Court, and paying the required fees. The claim would be called a “complaint” in a higher court. You'll need the name and address of the defendant (the person or business you're suing). You'll also need details about your claim, including the date the claim arose and the amount you intend to ask for, known as your "damages." Because each small claims court has its own local rules, and some have specific forms, more particulars might be needed.
If you are at least 18 years old and asking for less than the small claims court limit, you can file a claim in Hawaii’s small claims court. Those under 18 must be emancipated or have a parent or guardian file on their behalf.
Also, most small claims courts allow business entities, such as corporations or partnerships, to bring actions in small claims courts. Consult your small claims court clerk or website for special rules.
How Much Time Do I Have to File a Small Claims Action in Hawaii?
You have only a limited amount of time to file a lawsuit because you must bring it within the “statute of limitations” period. Limiting time helps courts resolve cases while memories are fresh and evidence is still available.
How many years you'll have under the statute of limitations will depend on whether it's an injury or property damage case, an oral or written contract matter, or another cause of action. (Here are the statutes of limitations for some common causes of action in Hawaii.)
Also, the rules aren't always as simple as they seem. For instance, the statute of limitations will stop temporarily, or “toll,” in some situations, such as if the plaintiff is a minor or incarcerated.
Caution: Check the applicable statute of limitations carefully. When conducting statute of limitations research, be thorough. You’ll lose the ability to pursue your case if you rely on the wrong statutory period and file too late.
Which Hawaii Small Claims Court Should I File In?
In Hawaii, you’ll file your small claims matter in the Small Claims Division of the Hawaii District Court. If you choose the wrong location (or "venue"), the defendant can ask the court to move or dismiss the action.
The venue rules require you to file in one of the following judicial districts:
- where the defendant resides
- if the defendant doesn't reside in the judicial district, where the claim arose or where the defendant can be found
- if defendants reside in different divisions, where the claim arose, or
- in security deposit disputes, where the defendant resides, or if the defendant is out of state, where the property is located.
(Haw. Rev. Stat. § 633-27 (2025).)
You can find information about a business location by searching Hawaii’s business database.
If the defendant is a non-resident of Hawaii, or if the defendant's residence is unknown, other rules will apply. Consider reviewing the small claims court website, contacting the court clerk or self-help center, or speaking with a lawyer to ensure you file your action correctly.
Can I Hire a Lawyer to Represent Me in Small Claims Court in Hawaii?
If you’re uncomfortable representing yourself, you can hire a lawyer. Legal counsel can represent claimants in Hawaii small claims court in all actions other than security deposit cases. (Haw. Rev. Stat. § 633-28 (2025).) However, you're not required to hire an attorney to appear with you in small claims court, and, due to the more relaxed procedures, most people feel comfortable handling their small claims actions themselves.
If you do decide to consult an attorney, friends and family are typically good referral sources. Or you can try an online directory.
How Do I Serve My Small Claims Action in Hawaii?
You must inform the defendant when and where to appear in the small claims action. You accomplish this by delivering a copy of the small claims action in a procedure known as “service of process.”
In Hawaii, you can complete service of process by having an authorized process server, an uninterested adult or sheriff, give the paperwork to the defendant (called “personal service”). You can also use registered or certified mail with return receipt requested, to be delivered to addressee only. This method requires an oath, clerk certification, or the filing of a signed acknowledgment from the defendant of receipt of the court papers. (Haw. Rev. Stat. § 633-28; Hawaii District Court Rules, Small Claims Division, Rule 3 (2025).)
The procedures can vary depending on the court, so check the local rules.
Does the Defendant Need to Respond to a Small Claims Action in Hawaii?
A defendant doesn't have to file a written answer to avoid a default judgment (an automatic loss). The defendant can simply show up on the date indicated in the court paperwork. Find out more about defending a small claims action.
How Do I Get Ready for Trial in Small Claims Court?
Most people don't enjoy appearing in court, and stress can run high. Unless you request a jury trial, a judge will hear and decide your small claims case in Hawaii. (Haw. Rev. Stat. § 633-28 (2025).)
The best way to ensure that you'll do your best is through careful preparation. You'll want to do the following:
- prepare a compelling statement
- gather documents and evidence, such as contracts, credit card statements, and photographs
- select reliable witnesses (people who saw what happened or experts on the subject matter of the claim involved) to come to court to tell what they have seen or heard (they might be able to submit a statement)
- decide on the order in which you will present your evidence, and
- prepare what you will say in court.
You'll want to outline the points you plan to make to avoid missing anything. Also, organize the exhibits you want to introduce according to when you'll use them.
It's a good idea to educate yourself on the basic rules of evidence because they apply in small claims court. However, proving your “damages,” or the amount you've lost, can be simpler because the judge can consider estimates, bills, and other loss statements.
What Happens If the Other Side Doesn’t Show Up?
You'll likely win by default. However, you won't automatically get the requested claim amount. Be prepared to "prove up" your damages. You'll explain to the court how you determined the amount of loss and present supporting evidence.
After Your Small Claims Trial: Judgment and Appeals
The judge will order the other party to pay a specified amount if you win. Some judges announce the decision immediately following the hearing. However, in most courts, the clerk will “enter” or file and mail the judge's decision a few days after the hearing.
Can I Appeal a Hawaii Small Claims Court Judgment?
Neither side can file an appeal in the small claims division because appeals aren’t allowed. However, the court can alter or set aside a judgment if the disputing side applies within ten days after entry of judgment (or longer if a notice of entry of judgment wasn’t received). (Hawaii District Court Rules, Small Claims Division, Rule 12 (2025).)
Caution: Check the dates carefully. You must comply with the requirements explicitly. If unsure about the process, follow up with the self-help center or a local attorney.
How Do I Collect a Money Judgment?
Ideally, all will go smoothly, and you’ll emerge the victor. But the matter won't be over if the defendant isn't willing to pay the court judgment because the court won't collect the money judgment for you. You'll need to take steps to collect the money judgment.
If you analyzed your chances of getting paid before filing, you likely determined that the defendant wasn't “judgment proof,” or someone who doesn't have collectible assets. However, not every plaintiff does this research beforehand. Either way, the next step is learning how to collect your small claims money judgment.
Most people try to levy a bank account or garnish wages first because these approaches are usually more fruitful than trying to recover property. If you don't know where to find the defendant's assets, your court will likely have a discovery process that will let you find out.
In some courts, you'll send out a questionnaire. In others, you'll ask the defendant asset-related questions at the courthouse under oath in the hallway. The judge doesn’t get involved unless the defendant refuses to answer a valid question.
Where Can I Get More Hawaii Small Claims Court Information?
You can read Hawaii's small claims statutes online on the Hawaii Legislature's website. See Hawaii Revised Statutes (Haw. Rev. Stat.) §§ 604-5; 633-27 to 633-36. And see Hawaii District Court Rules, Small Claims Division, Rules 1 to 14 on the Hawaii State Judiciary website.
Most small claims courts have some self-help service available, and that's usually a good place to start. For instance, you can try the Hawaii State Judiciary's small claims page for more information and links to resources.
You’ll also find detailed small claims information in Everybody's Guide to Small Claims Court, by Cara O'Neill (Nolo). It includes helpful tips covering all aspects of the small claims process, including preparing a compelling case and collecting the money when you win.