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Hawaii · Filing guide · Small Claims Division of the District Court

How to file a small claims case in Hawaii, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

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Before you file

1–3 weeks before filing

Hawaii doesn't require a demand before filing, but asking in writing first is good evidence and may settle the matter.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In Hawaii you can sue for up to $5,000 in the Small Claims Division of the District Court.

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and a street address where they can be served
  • The amount you're asking for and how you got that number
  • The date the problem happened
  • A short plain description of what happened
  • For a deposit case, the rental address and move-out date

Use the company's exact legal name and serve its registered agent.

Search: Hawaii DCCA Business Registration Division search.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

1DC06: Statement of Claim (General Form); use 1DC05 for security deposits. Get the form.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $5,000) and how you calculated it
  • What you did: when you asked for payment and their response

Sign the Statement of Claim; the clerk will tell you if it must be signed in front of them.

Bring the original and one copy for each defendant, plus one for yourself.

File and pay

Filing day

Choose how you'll file:

OnlineNot availableYou start a small claims case on paper. Once you have an active District Court civil case, you can register for JEFS to file later papers online. JEFS (Judiciary Electronic Filing and Service System)
In personFile the Statement of Claim with the district court clerk for the right island and division and pay the $35 fee. On Oahu, go to the Civil Division, 3rd floor, Kauikeaouli Hale, 1111 Alakea Street, Honolulu. Payments aren't taken after 4:15 p.m.
By mailCall the district court clerk to ask whether they accept a mailed claim and how to pay.

Usually the district court division where the defendant lives. If they live on another island, you can file where the claim arose or where the defendant can be found. Deposit cases can be filed where the rental is if the landlord lives out of state.

$35 to file. A counterclaim costs $10. Service by certified mail costs postage; a process server charges a fee plus mileage. Can't afford it? Ask for a fee waiver: Ask the judge to waive the filing fee for financial hardship; the clerk has the form..

The clerk stamps your claim and gives you a trial date 5 to 30 days away. You must then get the papers to the defendant at least 48 hours before trial.

Serve the defendant

Right after filing

Use certified or registered mail (restricted delivery, return receipt), a civil process server, or an adult who isn't part of the case. You can deliver the papers yourself only if the defendant signs an acknowledgment or an unrelated witness comes with you.

The defendant must get the papers at least 48 hours before the trial date.

Return of Service; Acknowledgment of Service (1DC47), or the certified-mail return receipt

File the return of service before trial, or bring the signed mail receipt to court. Without proof of service you can't get a default judgment.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

The defendant doesn't file a written answer; they come to the trial. A counterclaim must be filed ($10), and a counterclaim over $5,000 lets either side ask to move the case to Circuit Court for a jury.

If the case is paid before judgment, file a request to dismiss. If it's paid after judgment, file a Satisfaction of Judgment.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

A subpoena for a witness must be approved by the judge before the trial date; ask the clerk.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • Arrive early and check in with the clerk
  • Bring your mail receipt or proof of service
  • Bring every document and photo, plus copies for the judge and the other side
  • Expect the judge to send you to mediation first
  • If mediation fails, the trial may be held the same day

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant was served and doesn't come, you can win by default, though the judge may still ask for proof. If you don't come, your case can be dismissed.

After the judgment

Weeks to months

There is no appeal. The losing side can ask the same court to change or set aside the judgment within 10 days after it is filed.

The court doesn't collect for you. If they don't pay, you can garnish wages or a bank account. File a Satisfaction of Judgment once you're paid.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in Hawaii

Hawaii Judiciary Small Claims page and Access to Justice Rooms (Oahu Service Center: 808-538-5629)

Ready to start? Check your case and create your demand letter.

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