How do I file a small claims case in Hawaii to recover money owed?
In Hawaii, people commonly use the small claims division of the district court to try to recover money owed. An action is started by filing a statement of claim with the court clerk, who will issue a notice with a hearing date set between 5 and 30 days after filing. The court conducts trials informally and is not strictly bound by the formal rules of evidence, so documents and testimony that help establish the debt are generally allowed.
Service of the claim and notice must follow the court rules, which allow personal service, registered or certified mail with return receipt, or service by certain individuals under conditions set by statute and rules. If the defendant does not appear, a default judgment may be entered for a liquidated amount; if a judgment is entered for wages or services, the court can order oral examinations about the debtor's ability to pay.
Current Hawaii law
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The deadline that matters
Hearing date must be set not less than 5 nor more than 30 days after filing RSCD 3.
What Hawaii law says
An action is commenced by filing a statement of claim with the clerk of the court, and venue and filing division are governed by court rules, including RSCD 2 RSCD 2. After filing, the clerk issues a notice and the hearing date shall be not less than 5 nor more than 30 days from filing, with service by an authorized server or by registered or certified mail with return receipt as detailed in RSCD 3 RSCD 3. The small claims statute addresses who may get clerical help preparing papers and limits certain appearances, and it sets service options and that there is generally no appeal from a small claims judgment, see Haw. Rev. Stat. § 633-28 Haw. Rev. Stat. § 633-28. The court conducts trials to do substantial justice and is not bound by ordinary rules of evidence, per Haw. Rev. Stat. § 633-32 Haw. Rev. Stat. § 633-32. Default judgments rules and dismissal for want of prosecution are in the small claims rules, including RSCD 10 RSCD 10. If a party entitled to a jury trial demands one before trial and pays required costs, the case may be transferred to circuit court for jury trial, see Haw. Rev. Stat. § 633-31 Haw. Rev. Stat. § 633-31 and RSCD 7 RSCD 7. For judgments based in whole or in part on wages or services, the court may order periodic oral examinations about financial status to effectuate payment, see Haw. Rev. Stat. § 633-33 Haw. Rev. Stat. § 633-33. Fees for small claims matters are capped and the judge may waive costs on sworn inability to pay, see Haw. Rev. Stat. § 633-29 Haw. Rev. Stat. § 633-29.
What to do
A common first step is to file a statement of claim with the district court clerk to start the small claims action, under RSCD 2 RSCD 2.
A common next step is to ensure the defendant is properly served using an authorized server or by registered/certified mail with return receipt, following RSCD 3 RSCD 3 and the service provisions in Haw. Rev. Stat. § 633-28 Haw. Rev. Stat. § 633-28.
A common step is to gather and organize evidence you expect to show at the hearing, remembering the small claims division is not strictly bound by formal rules of evidence, per Haw. Rev. Stat. § 633-32 Haw. Rev. Stat. § 633-32.
A common step is to appear at the hearing on the scheduled date, since failure of a defendant to appear can lead to a default judgment under RSCD 10 RSCD 10.
A common follow up is to seek court-ordered remedies to collect a judgment, such as oral examination orders for judgments based on wages or services, per Haw. Rev. Stat. § 633-33 Haw. Rev. Stat. § 633-33.
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Common questions
How soon will my hearing be after I file?
The clerk must set a hearing date not less than 5 nor more than 30 days after the filing date, under RSCD 3 RSCD 3.
What if the other side does not show up?
If the defendant fails to appear, the court may enter a default judgment on a verified claim for a liquidated amount, or require proof if the amount is unliquidated, under RSCD 10 RSCD 10.
Do I need to follow formal evidence rules at the hearing?
The small claims division conducts trials to do substantial justice and is not bound by the usual rules of evidence, although privileged communications remain protected, per Haw. Rev. Stat. § 633-32 Haw. Rev. Stat. § 633-32.
Can I get help filling out the claim form?
The court clerk will prepare required papers at the request of an individual plaintiff, but that service is not available to corporations, partnerships, associations, or certain proprietorships, see Haw. Rev. Stat. § 633-28 Haw. Rev. Stat. § 633-28.
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This page provides legal information about Hawaii small claims procedures, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
