Demand Letters and Small Claims in Hawaii
Do you have someone who refuses to pay you for repairs you made to her car? A former landlord who won't return a security deposit? These are just two examples of claims or disputes that are resolved by the Hawaii small claims court. If the amount in dispute is $5,000 or less, consider a small claims court action.
First, be sure to make your case in writing. Write a “Demand Letter” to the proposed defendant making your best case in writing. This letter will be Exhibit A to your small claims court filing.
Where to File
In Hawaii, there are five "judicial circuits," each covering at least one island. Each circuit has a district court. Each circuit court is divided into several "divisions" which cover one or more areas. Generally, you need to file your case in the district court division where:
If you don't file the lawsuit in the right district court division, the defendant can ask the court to move the case to the proper court, they can ask that your case be dismissed which can slow things down for you.
Statement of Small Claim and Notice of Trial
The laws suit will begin when you file a "complaint”; in small claims court, this is a special form called the "Statement of Small Claim and Notice of Trial."
Print neatly and just give the facts:
If you are suing a corporation or partnership, the Hawaii Department of Commerce and Consumer Affairs, Business Registration Division can help you find its proper, legal name. If you know which district court division you need to file in, you can get the forms online.
The fee is $35 but if you can't afford the filing fee you can complete an "Application for Relief from Costs" and the court may not make you pay the fee.
Generally, if you win your case, the court will order the defendant to pay the filing fee or "court costs." This will be in addition to any other money or damages the court awards you.
Service of Process
"Service of process" gives the other party notice that he or she is being sued. This is done by making sure that the defendant gets a copy of your Statement of Claim and Notice.
It's your responsibility to make sure a copy of your Statement of Claim and Notice is delivered to the defendant. The defendant may be served by:
Sending the Statement of Claim and Notice to the defendant by registered or certified mail with return receipt requested. At trial, you have to show certified mail receipt, which shows the date of delivery with the defendant's signature on it
Paying a civil process server to serve the papers on the defendant. Or, you can ask any person not a party to the lawsuit and over 18 years old to serve the papers.
The defendant can:
Note that although the minimum claim for a plaintiff in small claims court is $5,000, the minimum counter claim is $20,000.
Need a Demand Letter?
Contact Douglas Slain at [email protected]. Douglas Slain can be reached directly at 415-317-6130.
Our Exempt Offerings Library includes books and audiobooks on crowdfunding, exempt offerings, and other topics.
Our monthly reporting service, Exempt Offerings Reporter, summarizes recent developments in the world of Blue Sky law and regulation.
Connect with us on our social media accounts: