A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In Hawaii you can sue for up to $5,000 in the Small Claims Division of the District Court, without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
Hawaii doesn't require a demand before filing, but asking in writing first is good evidence and may settle the matter. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
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.
Statement of Claim (General Form); use 1DC05 for security deposits. The trial date is set 5 to 30 days after you file. Contested cases are often sent to mediation first, and to trial the same day if it fails.
$35 to file. A counterclaim costs $10. Service by certified mail costs postage; a process server charges a fee plus mileage. If you 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..
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.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. 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.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. Some deadlines start later if the harm was discovered later.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 6 years |
| Broken verbal agreement | 6 years |
| Damaged property | 2 years |
| Personal injury | 2 years |
| Fraud | 6 years |
| Libel or slander | 2 years |
| Claims against a government agency | Claims against the State of Hawaii generally must be brought within 2 years. Claims against a county may require written notice first; check the county's rules early. |
Allowed but not required. In security deposit cases, neither side may have a lawyer.
You can sue for up to $5,000, not counting interest and costs. Residential security deposit cases have no dollar limit. A defendant's counterclaim can be up to $40,000. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
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.
Ask the court for an interpreter as soon as you know you need one.