What Is a Small Claims Court in Hawaii?
A Small Claims Court in Hawaii is a court of limited jurisdiction that attends to civil disputes in which the claims do not exceed $5,000. The Hawaii Small Claims Court is a division of the District Court and is distinct from the regular claims divisions that hear cases of claims involving $40,000 or more. Furthermore, the Small Claims Court, under Chapter 633, Title 34 of the Hawaii Revised Statutes, is established and proposed to be a legal means of settling financial civil disputes using a simplified procedure and without attracting much cost.
According to § 633-27, Hawaii Revised Statutes, the Small Claims Courts in Hawaii have legal authority over cases such as;
- Disagreement over a security deposit between a landlord and a tenant
- Recovery of leased or rented property valued
- Loan or debt recovery
- Claims for car repair
- Claims for accident damage
- Claims for business property damage or repossession (for example, shopping baskets or carts)
How do Hawaii Small Claims Court Work?
Small Claims Courts are easy and inexpensive solutions for recovering relatively small sums of money. The court follows a simple process understandable by anyone without any legal education. Cases filed in Small Claims Courts are also resolved quickly, usually within 5 to 30 days after filing. Despite the informal nature of the Hawaiian Small Claims Courts, both parties in a case may engage the services of an attorney, except in a small claims case involving a security deposit between a landlord and a tenant.
A Small Claims Court may settle a controversy between two or more parties that reside in the state. The entities that may file a small claims case include an individual, corporation, partnership, association, or individual proprietorship. The court procedure is similar for each of the entities, and in each case, so far, the amount in controversy does not exceed $5,000 or $40,000 in counterclaim.
Small Claims Courts do not hold jury trials, and neither of the parties in the case may demand a jury trial. However, if the defendant files a counterclaim exceeding $40,000 or any of the parties requests a jury trial, the Small Claims Court will move the case to the appropriate Circuit Court. The transfer incurs an additional fee of $200.
Cases decided in the Small Claims Courts are argued and resolved before a judge. Both parties must present their case and provide witnesses and evidence to back up the claims. After deliberation, the judge enters a decision in favor of one of the parties. The decision of the judge in the Small Claims Court is final and not appealable. Nevertheless, a decision may be altered or set aside if the losing party makes this request within ten days after entering the judgment. The query to change a judgment may either highlight a mistake in the amount stated in the verdict or present new evidence. The Small Claims Courts do not enforce the collection of claims after the judge’s ruling. Plaintiffs must retrieve the claims themselves.
How to Take Someone To Small Claims Court in Hawaii
Parties who have suffered from injuries or damages and want compensation usually initiate a small claims lawsuit by filing complaints at the courts. To begin the process, an entity must obtain a Statement of Claim form either from the clerk’s office of the court, the Service Centre, or from the court’s website. A claimant must fill the form and detail the reason for filing the petition. Upon completion, the petitioner submits the form to the Court Clerk or the Service Centre along with a filing fee of $35.
However, the Small Claims Court judge may waive the filing fee if the plaintiff claims financial hardship. After filing the claim, the Court Clerk prepares a notice that indicates the trial’s date, time, and place. Meanwhile, the clerk only fulfills this obligation for individuals and not for partnerships, corporations, or associations, which may prepare the notices themselves.
Furthermore, the plaintiff serves the defendant a copy of the Statement of Claim and the notice to inform the party of the case. The petitioner may perform the service in person, through registered mail, certified mail, or a civil process server. The plaintiff must receive a signed receipt indicating that the defendant was served. If the plaintiff decides to serve the complaint in person, the party must go along with a witness who is over 18 years and does not have any affiliation with the petitioner.
At the trial date, both the plaintiff and the defendant must appear in court. However, either party may also choose to file a Motion for Continuance to postpone the trial date if there is a convincing reason. Usually, at the trial, the accused entity may deny or admit to the plaintiff’s claim. If the defendant denies the claim, both parties may submit evidence or call on witnesses to prove their stands.
The judge deliberates on the information available and enters a judgment. If the claimant wins the case, the party may then collect the claims. The losing party must know that the decision by the Small Claims Court is not appealable to higher courts. When the plaintiff retrieves the claim, the entity must submit a Satisfaction of Judgement form to the court.
How Much Can You Sue For in Hawaii Small Claims Court?
The maximum amount a plaintiff may sue a party for in the Hawaii Small Claims Court is $5,000. However, the limit applies to loan repayment claims, car repair claims, car accident damage claims, and landlord claims. Nevertheless, the defendant in the case has the privilege to file a counterclaim up to $40,000. Another exception is the claim by a tenant for the return of residential security deposits. Despite being a fileable case at the Small Claims Courts, no monetary limit applies to such lawsuits.
How to Defend Yourself in Hawaii Small Claims Court
There are preliminary steps a defendant needs to take before appearing at the hearing of a small claims case. The first is to gather evidence and contact witnesses for the litigation while the facts are still fresh because the suit may be affected if witnesses forget the details, move out of town, or when a document gets lost. Secondly, accused persons should focus on those facts that relate directly to the case.
Lastly, defendants must take to the court any documents or paperwork that are relevant to the case. Examples of such documents include rental agreements, promissory notes, receipts, agreements to repair the property, paid or unpaid bills, and canceled checks pertaining to the litigation. In addition, accused persons may present any repair bills or estimates by qualified individuals and photographs of the damaged property at the court.
While the court may want to hear a witness’s testimony to support the defendant, such as someone who witnessed the automobile accident, fixed the damage, or has first-hand knowledge of the case, sometimes, a witness may not wish to testify. When this happens, the accused may request an order from the court to compel the witness to appear in court.
How Long Do You Have to Take Someone to Small Claims Court in Hawaii?
There is a limit in the timeframe in which a claimant may wait before filing a small claims lawsuit in court. This statute of limitation gives a plaintiff a reasonable amount of time to file and must be adhered to while filing the case. In limited circumstances, it is possible to delay or “toll” the statute of limitations. For example, an injured party may be deemed incompetent to file a small claims case if the person is mentally ill or a minor. In either case, the statute begins to run again once the disability has gone or the minor reaches 18 years.
According to Hawaii Small Claims Court, the following timeline applies;
- Fraud and professional malpractice claims should be filed no more than two years after the action.
- Claims relating to rent, contracts, and collection of debt on account must be filed no later than six years after the occurrences.
- Claims involving personal injuries or damage to personal property must be filed no later than two years after the event.
- Claims of libel, trespass, and slander need to be filed within two years of the event.
However, the court may extend the statute of limitations if any of these cases;
- An offense involving fraud, deception, or breach of fiduciary obligations may be extended up to six years after the discovery.
- An offense of misconduct within two years while holding a public office may be extended up to three years.
What Happens if You Don’t Show up for Small Claims Court in Hawaii?
If a plaintiff is absent on the court date, the court may dismiss the case. Whereas, if a defendant does not show up on the hearing date, the judge enters a decision against the party after assessing the petitioner’s proof of the claim. Before the court gives the trial date, the defending party must receive the complaint from the plaintiff by mail or in-person (together with a witness). The notification is to aid the defendant’s decisions concerning the next line of action prior to hearing and trial. Hence, except the reasons for absence are legitimate, accused parties have no excuse to miss the hearing date.
However, if the judge has entered a verdict in the defendant’s absence, the defending party may file a Motion to Set Aside the Default Judgment after 20 days. The court may only accept the motion if the defendant presents credible reasons for being unavailable. If the court honors the motion, the accused has the opportunity to debunk the allegations and reverse the judgment. In Hawaii, per the Hawaii Rule of Civil Procedures, the existing grounds to vacate a passed judgment is when:
- There are clerical mistakes in the decision, orders, or other parts of the record.
- There is new evidence that may change the course of the case
- The suit is fraudulent
Upon a successful filing, the clerk sends feedback that contains the date set by the court for hearing the motion. At the hearing, the judge thoroughly reflects on the reasons for missing the trial and decides if they are credible enough to hold a new trial or retain the default judgment.
What are Small Claims Court Records in Hawaii?
In Hawaii, the Small Claims Court records are not as detailed as criminal files and may not contain every information on the court proceedings. However, the case documents state the judges’ verdict. Following the Hawaii Uniform Information Practices Act, the records of small claims cases are public information and accessible to the members of the public. In addition, the judge’s decision in a small claims case is often included in the credit report of the losing party. Usually, the Small Claims Courts do not notify credit reporting agencies. These agencies visit the court in search of information and place the court’s verdict in the credit record of the entity that lost the case.
Where Can I Find Hawaii Small Claims Court Records?
Interested parties may locate records of small claims cases in Hawaii offline and online. For offline access, requestors must visit the Small Claims Courts in person or send mail-in requests. The Hawaii Small Claims Court has local courthouses in Oahu, Maui, Hawai’i, and Kauai, where parties may make inquiries. These courts are open from Monday to Friday between 7:45 am to 4:30 pm, except for the courthouse at Hawai’i that closes at 3:00 pm. The hours/days of operation do not apply to state holidays. Since it is the clerk’s responsibility to maintain case files, all queries for small claims records go to the clerk’s office.
On the other hand, interested individuals may obtain Hawaii court records online via the Hawaii eCourt Kokua portal. As an alternative, requesters may use a reputable third-party service provider. Users may conduct searches for court records on these sites using the personal details, city, or county of any of the parties in the suit.
