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. In security deposit cases where defendant resides outside of judicial circuit, where property is located.
- Service: Certified or registered mail, return receipt requested; personal service by any disinterested adult.
- Hearing Date: Set by court.
- Attorneys: Allowed, except in landlord-tenant deposit cases.
- Transfer: If either party demands jury trial, to Circuit Court.
- Appeals: Not allowed; however, court may alter or set aside judgment at its discretion.
- 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.
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. 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.