Small claims in Hawaii.
Hawaii's small claims court offers a streamlined process with a $5,000 cap and no right to appeal.
- Most you can sue for$5,000Same cap for individuals and businesses
- Filing fee$35Flat fee for all claims
- CourtDistrict Court (Small Claims Division)
- Lawyers at trialAllowedPermitted but not required; restricted in security deposit disputes
- Appeal windowNoneDecisions are final with no right to appeal
- Recent change—No major changes in the last 3 years
Find your situation.
Hawaii small claims handles money disputes up to $5,000 (or $5,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Hawaii allows you to file claims up to $5,000 for disputes involving contracts and money owed. The statute of limitations varies depending on the type of contract.
Wrong court for these13 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims court does not handle eviction proceedings; these are addressed in the regular civil division of the District Court.
Try instead: District Court civil division
Title to real estate
Disputes involving ownership or title to real property are beyond the jurisdiction of small claims court.
Try instead: Circuit Court
Defamation
Claims involving defamation, libel, or slander are not handled in small claims court.
Try instead: Circuit Court
Malpractice
Professional malpractice claims exceed the jurisdictional limits of small claims court.
Try instead: Circuit Court
Family law matters
Issues such as divorce, child custody, and support are not within the purview of small claims court.
Try instead: Family Court
Probate matters
Disputes involving wills, estates, and trusts are handled by the probate court, not small claims.
Try instead: Probate Court
Claims against the federal government
Small claims court does not have jurisdiction over cases against federal entities.
Try instead: Federal Court
Class actions
Class action lawsuits are beyond the scope of small claims court.
Try instead: Circuit Court
Injunctions and specific performance
Small claims court cannot grant orders requiring a party to do or refrain from doing something.
Try instead: Circuit Court
Workers' compensation claims
Disputes over workers' compensation are handled by the Department of Labor and Industrial Relations.
Try instead: Department of Labor and Industrial Relations
Bankruptcy matters
Bankruptcy cases are under federal jurisdiction and not handled by small claims court.
Try instead: Federal Bankruptcy Court
Mandatory arbitration disputes
Disputes subject to mandatory arbitration clauses are not within the jurisdiction of small claims court.
Try instead: Arbitration panel or Circuit Court
Suing a deceased person
Claims against deceased individuals must be filed against their estate in probate court.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention and serves as evidence of your attempt to settle.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the statute of limitations when the fraud is discovered.
File your case
File at the Small Claims Division of the District Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are typically added to the judgment against the defendant.
E-filing in Hawaii: As of April 2026, e-filing is not available for small claims cases in Hawaii.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 5 days before the hearing (in the same county) or 10 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Certified or registered mail. The court clerk sends the summons and complaint to the defendant via certified or registered mail with return receipt requested.
- Personal service by sheriff or process server. A sheriff or licensed process server personally delivers the summons and complaint to the defendant.
File the proof of service (Form 3) at least 3 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located after diligent efforts, the court may allow service by publication.
If the defendant is evading service, document all attempts and consider requesting alternative service methods from the court.
Show up to the hearing
Informal bench trial where both parties present their cases directly to the judge.
Lawyers at trial: Allowed. Attorneys are permitted but not required; however, in security deposit disputes, attorneys cannot represent either party unless they are the landlord or tenant themselves.
When you’ll get the decision: On the spot or mailed within a few days
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear at the hearing, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must provide evidence to support the claim before a judgment is entered.
If you’re the defendant being sued
Defendants are not required to file a written answer; they may appear at the hearing to present their defense.
Counter-suing the plaintiff: Allowed using Form 4 (Counterclaim). Serve the plaintiff at least 5 days before trial (same county) or 10 days (out of county).
Counterclaim bigger than the cap? If a counterclaim exceeds the small claims limit but is within the jurisdictional limit of the District Court, the case remains in small claims court unless both parties agree to transfer. Haw. Rev. Stat. § 633-30
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 10% interest per year while unpaid.
Wage garnishment
Have a portion of the debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $30 plus service fees
Notes: Effective if the debtor is employed and earns sufficient wages.
What’s protected:
- 75% of disposable earnings or 30 times the federal minimum wage, whichever is greater
Bank levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution from the court, serve it on the debtor's bank, and the bank freezes and transfers funds to satisfy the judgment.
Cost: $30 plus service fees
Notes: Effective if the debtor has sufficient funds in the bank account.
What’s protected:
- $1,000 in the debtor's account is exempt from levy
Property lien
Place a lien on the debtor's real property to secure the judgment amount.
How it works
Record the judgment with the Bureau of Conveyances to create a lien on the debtor's real property, which must be satisfied upon sale or refinancing.
Cost: $25 recording fee
Notes: Effective if the debtor owns real property and intends to sell or refinance.
What’s protected:
- Homestead exemption up to $30,000
Writ of execution
Seize and sell the debtor's non-exempt personal property to satisfy the judgment.
How it works
Obtain a writ of execution from the court, have the sheriff seize non-exempt property, and sell it at public auction to satisfy the judgment.
Cost: $30 plus sheriff's fees
Notes: Effective if the debtor owns valuable non-exempt personal property.
What’s protected:
- Personal property up to $1,000 in value
Multiple creditors? Priority rules.
Judgment liens are prioritized based on the date of recording; earlier liens have higher priority.
Can you appeal if you lose?
neither
Decisions in small claims court are final and cannot be appealed.
Default judgment? Different rules.
Default judgments cannot be appealed; the appropriate remedy is to file a motion to set aside the default judgment.
Motion to vacate (Form Form 7): file within 10 days of the judgment notice. If you never received notice, you have up to 180 days.
If the motion is denied, you have 10 days to appeal the denial. A motion to vacate must be filed within 10 days of the judgment; if denied, the decision is final as there is no right to appeal in small claims court.
Why cases get dismissed.
Incorrect defendant information
What goes wrong: Suing the wrong party or using incorrect names can result in dismissal or unenforceable judgments.
How to avoid it: Verify the exact legal name and address of the defendant before filing; for businesses, check the Department of Commerce and Consumer Affairs records.
Missing statute of limitations
What goes wrong: Filing after the statute of limitations has expired will lead to dismissal of the case.
How to avoid it: Confirm the applicable statute of limitations for your claim type and file within the allowed time frame.
Improper service of process
What goes wrong: Failure to properly serve the defendant can delay the case or result in dismissal.
How to avoid it: Follow Hawaii's rules for service of process carefully, using certified mail or a qualified process server.
Insufficient evidence
What goes wrong: Lack of evidence can lead to losing the case, even if your claim is valid.
How to avoid it: Gather and organize all relevant documents, photos, and witness information before the hearing.
Ignoring court deadlines
What goes wrong: Missing deadlines for filings or appearances can result in default judgments or case dismissal.
How to avoid it: Keep track of all court dates and deadlines, and ensure timely submissions and appearances.
Overlooking collection procedures
What goes wrong: Winning a judgment doesn't guarantee payment; failure to follow proper collection procedures can leave you unpaid.
How to avoid it: Familiarize yourself with Hawaii's judgment collection methods and take appropriate steps to enforce the judgment.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources6 citations and statutes
- Hawaii Judiciary Self-Help: Small ClaimsHawaii Judiciary Self-Help: Small Claims
- Haw. Rev. Stat. § 633-27 (Small Claims Jurisdiction)Haw. Rev. Stat. § 633-27
- Haw. Rev. Stat. § 521-44 (Security Deposit Return)Haw. Rev. Stat. § 521-44
- Haw. Rev. Stat. § 388-3 (Final Wage Payment)Haw. Rev. Stat. § 388-3
- Haw. Rev. Stat. § 480-2 (Unfair or Deceptive Acts or Practices, UDAP)Haw. Rev. Stat. § 480-2
- Haw. Rev. Stat. § 633-30 (Counterclaim; Retention of Jurisdiction)Haw. Rev. Stat. § 633-30
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.