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Hawaii Small Claims Court (2026): Limit, Fees and How to File

How small claims court works in Hawaii: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.

Quick answers for Hawaii

Small claims limit
$5,000 for money claims. A tenant's claim for return of a residential security deposit has no dollar limit. HRS § 633-27(a); Hawaii State Judiciary, Small Claims Court Q&A
Filing fee
$35. The filing fee can be added to the judgment if you win. Hawaii State Judiciary, Small Claims Court Q&A
Are lawyers allowed?
Yes in most cases, though attorney's fees generally cannot be awarded. In security deposit disputes, attorneys cannot appear for the landlord or the tenant (except an attorney who is the landlord or tenant representing himself or herself). Hawaii State Judiciary, Small Claims Court Q&A
Appeals
No appeal lies from a small claims judgment. A party may ask the court to alter or set aside the judgment within 10 days after it is entered. Rules of the Small Claims Division of the District Courts, Rule 12

Court: District Court (Small Claims Division). Last verified: 2026-10-24.

How to file a small claims case in Hawaii

  1. Confirm your claim is for money up to $5,000, or is a security deposit refund claim (no limit).
  2. Fill out a statement of claim from the Judiciary's court forms page and file it in person with the district court in the proper circuit, paying the $35 fee.
  3. The hearing is set 5 to 30 days after filing; serve the defendant by certified or registered mail (restricted delivery) or by a process server or other non-party adult at least 48 hours before the hearing.
  4. Come to the first court date ready to mediate; on Oahu, mediation is mandatory.
  5. If mediation does not resolve the case, present your evidence at trial; formal rules of evidence do not apply.
  6. There is no appeal, but a party may ask the court to set aside the judgment within 10 days.
  7. If you win and are not paid, use a judgment debtor examination, garnishment or execution.

Can you use small claims court?

Small claims limit$5,000 for money claims. A tenant's claim for return of a residential security deposit has no dollar limit.
Source: HRS § 633-27(a); Hawaii State Judiciary, Small Claims Court Q&A
Are lawyers allowed?Yes in most cases, though attorney's fees generally cannot be awarded. In security deposit disputes, attorneys cannot appear for the landlord or the tenant (except an attorney who is the landlord or tenant representing himself or herself).
Source: Hawaii State Judiciary, Small Claims Court Q&A

Filing your case

Where to fileIn the judicial circuit and district court division where venue lies under statute and District Court Rule 3(c). On Oahu, cases are filed in person at the District Court Legal Documents Branch.
Source: Rules of the Small Claims Division of the District Courts, Rule 2; Hawaii State Judiciary, Small Claims Court Q&A
Official formsHawai'i small claims cases are filed in the Small Claims Division of District Court. On O'ahu (First Circuit), use form 1DC06, Small Claims: Statement of Claim (General Form), or 1DC05, Small Claims: Statement of Claim (Security Deposit), for security deposit disputes. Other circuits post their own district court forms on the Judiciary's Court Forms page.
Source: Hawai'i State Judiciary, District Court Forms for O'ahu (First Circuit)
Filing fee$35. The filing fee can be added to the judgment if you win.
Source: Hawaii State Judiciary, Small Claims Court Q&A
Filing onlineSelf-represented litigants with an active District Court civil case may register for e-filing, but on Oahu small claims cases must be filed in person.
Source: Hawaii State Judiciary eFiling page; Small Claims Court Q&A
Serving the defendantService may be made by an authorized process server, by a non-party over 17, or by registered or certified mail, return receipt requested, restricted delivery to the addressee only. Service must be made within the judicial circuit at least 48 hours before the hearing, or the notice is returned for reissue.
Source: Rules of the Small Claims Division of the District Courts, Rules 3 and 5; Hawaii State Judiciary, Small Claims Court Q&A

Before and at the hearing

When the hearing happensThe hearing is set not less than 5 nor more than 30 days from filing, unless the court orders otherwise.
Source: Rules of the Small Claims Division of the District Courts, Rule 3(b)
Does the defendant file an answer?No written answer deadline is set; the defendant appears at the hearing, and failing to appear can result in a default judgment. A denial of the claim preserves any defense or set-off.
Source: Rules of the Small Claims Division of the District Courts, Rules 3(a), 6(a), 10
CounterclaimsA counterclaim requires a formal, concise plea (it may take the form of a statement of claim) and may be served by mail. Money counterclaims are allowed if they could be brought in the regular district court civil division; the court may order a separate trial.
Source: Rules of the Small Claims Division of the District Courts, Rule 6(b)-(c)
MediationThe court may order mediation. On Oahu, mediation is mandatory, usually on the first court date when both sides are present, with mediators from the Mediation Center of the Pacific; if it fails, the case is tried that day or later.
Source: Rules of the Small Claims Division of the District Courts, Rule 14; Hawaii State Judiciary, Small Claims Court Q&A
Jury trialA party wanting a jury must file a jury demand before trial and pay the circuit court's jury costs; the case is then transferred to circuit court.
Source: Rules of the Small Claims Division of the District Courts, Rule 7
InterpretersThe Judiciary provides free interpreters for participants in court hearings. Ask the judge at the hearing (orally or by letter) and show your Language ID Card.
Source: Hawaii State Judiciary, How to Request an Interpreter

After the decision

AppealsNo appeal lies from a small claims judgment. A party may ask the court to alter or set aside the judgment within 10 days after it is entered.
Source: Rules of the Small Claims Division of the District Courts, Rule 12
Collecting your judgmentThe court does not collect for you. After the 10-day period to set aside the judgment has passed, ordinary remedies such as a judgment debtor examination, garnishment of wages or bank accounts, and execution are available. Wage withholding requires filing the papers, depositing the garnishee disclosure fee and giving the employer court-approved directions.
Source: Rules of the Small Claims Division of the District Courts, Rule 13; Hawaii State Judiciary, Small Claims Court Q&A

Deadline to sue

6 years from when the claim arises, for an action to recover a debt founded on any contract, obligation, or liability. This covers unpaid rent and lease damages, and Hawaii uses the same period whether the lease is written or oral. HRS § 657-1(1)

Official forms and help

Suing a landlord or tenant in Hawaii

Security deposit disputes have no dollar limit and belong exclusively to small claims (concurrent with district court in a summary possession case); attorneys cannot represent either side in a deposit dispute. Landlords commonly sue for back rent or damage up to $5,000.

Hawaii small claims FAQ

What is the small claims limit in Hawaii?
$5,000 for money claims. A tenant's claim for return of a residential security deposit has no dollar limit.
Can you bring a lawyer to small claims court in Hawaii?
Yes in most cases, though attorney's fees generally cannot be awarded. In security deposit disputes, attorneys cannot appear for the landlord or the tenant (except an attorney who is the landlord or tenant representing himself or herself).
Where do I file a small claims case in Hawaii?
In the judicial circuit and district court division where venue lies under statute and District Court Rule 3(c). On Oahu, cases are filed in person at the District Court Legal Documents Branch.
How much does it cost to file in small claims court in Hawaii?
$35. The filing fee can be added to the judgment if you win.
How do I serve the other side in a Hawaii small claims case?
Service may be made by an authorized process server, by a non-party over 17, or by registered or certified mail, return receipt requested, restricted delivery to the addressee only. Service must be made within the judicial circuit at least 48 hours before the hearing, or the notice is returned for reissue.
How long does a small claims case take in Hawaii?
The hearing is set not less than 5 nor more than 30 days from filing, unless the court orders otherwise.
Does a defendant have to file an answer in Hawaii small claims court?
No written answer deadline is set; the defendant appears at the hearing, and failing to appear can result in a default judgment. A denial of the claim preserves any defense or set-off.
Can the defendant file a counterclaim in Hawaii small claims court?
A counterclaim requires a formal, concise plea (it may take the form of a statement of claim) and may be served by mail. Money counterclaims are allowed if they could be brought in the regular district court civil division; the court may order a separate trial.
Is there a jury in Hawaii small claims court?
A party wanting a jury must file a jury demand before trial and pay the circuit court's jury costs; the case is then transferred to circuit court.
Can you appeal a small claims decision in Hawaii?
No appeal lies from a small claims judgment. A party may ask the court to alter or set aside the judgment within 10 days after it is entered.
How do I collect a small claims judgment in Hawaii?
The court does not collect for you. After the 10-day period to set aside the judgment has passed, ordinary remedies such as a judgment debtor examination, garnishment of wages or bank accounts, and execution are available. Wage withholding requires filing the papers, depositing the garnishee disclosure fee and giving the employer court-approved directions.
Is mediation required in Hawaii small claims court?
The court may order mediation. On Oahu, mediation is mandatory, usually on the first court date when both sides are present, with mediators from the Mediation Center of the Pacific; if it fails, the case is tried that day or later.
Can I file a small claims case online in Hawaii?
Self-represented litigants with an active District Court civil case may register for e-filing, but on Oahu small claims cases must be filed in person.
Can I get an interpreter in Hawaii small claims court?
The Judiciary provides free interpreters for participants in court hearings. Ask the judge at the hearing (orally or by letter) and show your Language ID Card.
Where can I get small claims court forms in Hawaii?
Hawai'i small claims cases are filed in the Small Claims Division of District Court. On O'ahu (First Circuit), use form 1DC06, Small Claims: Statement of Claim (General Form), or 1DC05, Small Claims: Statement of Claim (Security Deposit), for security deposit disputes. Other circuits post their own district court forms on the Judiciary's Court Forms page.

Small claims limits in all 50 states and DC · Small claims court in other states

More Hawaii law

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.