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Hawaii Small Claims Court

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Cases are heard in Small Claims Division, District Court.

Statues: Hawaii Revised Statutes, Title 34, Ch. 633, Sections 27-36.

Dollar Limit:: $3,500. For return of leased/rented personal property, the property must not be worth more than $3,500. Security deposit disputes: no limit. Counterclaims up to $20,000. Where to sue: Where defendant resides. If defendant resides outside of the judicial circuit, where breach or injury occurred.

Service: Certified or registered mail, otherwise, by sheriff, deputy, chief of police or court-appointed process server, or by either party personally.

Hearing Date: Set by court.

Attorneys: Allowed, except in landlord-tenant deposit cases.

Transfer: If either party demands jury trial or the claim or counterclaim is over $5,000. Otherwise, only if plaintiff agrees.

Appeals: Not allowed.

Special Provisions: No equitable relief except in landlord- tenant cases, in which jurisdiction are limited to orders to repair, replace, refund, reform and rescind. No punitive damages. Your Guide to the Small Claims Court from the HI Judiciary

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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September 7 2008

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