Hawaii Small Claims Playbook: Filing, Service, Hearing and Collecting
Quick answer: Hawaii small claims go to the Small Claims Division of the District Court, for money claims up to $5,000, not counting interest and costs. Residential security deposit disputes have no dollar limit. Filing costs no more than $35. There is no appeal, and mediation is mandatory on O'ahu. Check your court's rules.
How small claims works in Hawaii
Every district court in the unified Hawaii Judiciary, "while sitting in the exercise of that jurisdiction, shall be known and referred to as the small claims division of the district court". It uses one statute, one set of Rules of the Small Claims Division of the District Courts, and one statutory fee cap. Each judicial circuit (O'ahu, Maui County, Hawai'i Island, Kaua'i) has its own form numbering (1DC, 2DC, 3DC…), brochure and help line, but the law, limit, fee and no-appeal rule are the same everywhere.
Court name: Small Claims Division of the District Court.
Checked October 2026. Official sources are listed under Sources below.
Does small claims work the same everywhere in Hawaii?
- Not county-style; the variation is by judicial circuit:
- First (O'ahu);
- Second (Maui, Moloka'i, Lāna'i);
- Third (Hawai'i Island);
- Fifth (Kaua'i, Ni'ihau).
- Mediation: Mediation at court is mandatory in small claims cases on O'ahu. Elsewhere the judge may order it.
- Forms carry circuit prefixes (O'ahu = 1DC05/1DC06).
- Help lines: O'ahu District Court Service Center 808-538-5629; Maui Second Circuit Help Line 808-244-2998; Hawai'i Island — Hilo 808-961-7515, Kona 808-322-8703, South Kohala 808-443-2030; Kaua'i Fifth Circuit Help Line 808-482-2303.
What is the small claims limit in Hawaii?
- $5,000 for money claims, "exclusive of interest and costs".
- Also in small claims:
- Residential security deposit disputes — exclusive to small claims, with no dollar limit;
- return of leased or rented personal property worth less than $5,000 (rent owed also under $5,000);
- shopping-cart / shopping-basket removal claims by businesses.
- Counterclaims may go up to the district court limit, $40,000, and the case stays in small claims.
- No punitive damages. Equitable relief only in landlord-tenant disputes (repair, replace, refund, reform, rescind). No class actions.
- Over $5,000: use the Regular Claims Division. A filed small claim can't be moved to regular procedure unless the plaintiff agrees.
For what it means when a court can order only money, or something else, see What Judges Can Actually Order.
How much does it cost to file small claims in Hawaii?
Statement of Claim (summons, trial, judgment, satisfaction): $35 (statutory max "not more than $35"); Counterclaim: $10.
| Item | Fee |
|---|---|
| Statement of Claim (summons, trial, judgment, satisfaction) | $35 (statutory max "not more than $35") |
| Counterclaim | $10 |
- The $20 civil administrative surcharge in HRS § 607-4 expressly excludes cases "commenced and conducted in the small claims division".
- Fee waiver: a judge may waive prepayment or costs on a sworn statement of inability to pay. O'ahu form: 1DC13 Ex Parte Application for Relief From Costs.
- Service costs (certified mail, process server or civil deputy, mileage) are extra and can be added to the judgment if you win.
Where do I file a small claim in Hawaii?
File in the judicial circuit where the defendant lives or where the claim arose. If you can't serve every defendant there, file in a circuit where you can.
- Security deposit cases: file in the circuit where the rental is.
- Division within the circuit:
- the division where the defendant lives;
- if the defendant lives outside the circuit, where the claim arose (or any division where the defendant can be found);
- defendants in different divisions: where the claim arose;
- security deposit cases: where the defendant lives, or where the property is if the defendant lives out of state.
- O'ahu District Court divisions: Honolulu (1111 Alakea St, Honolulu); 'Ewa (870 Fourth St, Pearl City); Wai'anae (4675 Kapolei Pkwy, Kapolei); Wahiawā and Waialua (1034 Kilani Ave, Wahiawā); Ko'olaupoko and Ko'olauloa (45-939 Po'okela St, Kāne'ohe). But all O'ahu small claims documents are filed at 1111 Alakea St, 3rd Floor.
- Neighbor islands:
- Kaua'i: 3970 Ka'ana St, Līhu'e;
- Maui: Hoapili Hale, 2145 Main St, Wailuku;
- Hawai'i Island: Hilo, 777 Kilauea St; Kona: Keākealani Building, 79-1020 Haukapila St, Kealakekua; Waimea: Waimea Civic Center, 67-5187 Kamamalu St, Kamuela.
- Moloka'i and Lāna'i: P.O. boxes.
How to file in Hawaii: the basic steps
- Pick the judicial circuit and division where the defendant lives or where the claim arose (security deposit cases: where the rental is).
- Fill out the Statement of Claim (O'ahu: 1DC06, or 1DC05 for security deposits). The clerk can help individuals, but not businesses.
- File and pay up to $35, or ask for relief from costs (O'ahu: 1DC13; check your court's rules).
- The hearing is set 5 to 30 days after filing.
- You serve the Statement of Claim and Notice. The defendant must be served (or, by mail, receive the papers) at least 48 hours before the hearing.
- At the hearing, mediation comes first on O'ahu. If it fails, the judge hears the case; the defendant doesn't need a written answer.
- There's no appeal. You can ask the same court to alter or set aside the judgment within 10 days after the judgment is filed.
Do I need a lawyer for small claims in Hawaii?
No. Lawyers are allowed, except in security deposit cases, where they can't appear for the landlord or the tenant unless they're representing themselves. With the court's approval, an unpaid helper may appear for you. No attorney's fees are awarded in small claims.
A lawyer may be worth a call if your case is complicated, the other side has one, or a deadline is close.
Can a business sue in Hawaii small claims?
- Yes. If you file for a corporation, partnership, sole proprietorship or business, you must prepare the Statement of Claim without help from the court clerks.
- Court clerks can't help businesses fill out their papers. This applies to statements of claim, counterclaims and collection papers too.
- Business-specific claim type: recovering or repossessing shopping carts/baskets taken from business premises. These cases must stay in small claims.
Hawaii small claims FAQ
What is the small claims limit in Hawaii?
$5,000 for money claims, not counting interest and costs. Residential security deposit disputes have no dollar limit.
How much does it cost to file small claims in Hawaii?
Up to $35 for the Statement of Claim, and $10 for a counterclaim. Service costs are extra.
Where do I file small claims in Hawaii?
In the judicial circuit where the defendant lives or where the claim arose. Security deposit cases go to the circuit where the rental is.
Do I need a lawyer for small claims in Hawaii?
No. Lawyers are allowed, except in security deposit cases.
Can a business sue in Hawaii small claims?
Yes, but businesses must prepare their papers without help from the court clerks.
Can I appeal a Hawaii small claims judgment?
No. You can only ask the same court to alter or set aside the judgment within 10 days after the judgment is filed.
Is mediation required in Hawaii small claims?
On O'ahu, yes. Elsewhere the judge may order it.
Sources
- Judiciary | Small Claims
- Judiciary | Small Claims Questions and Answers:
- Your Guide to the Small Claims Court, District Court of the First Circuit (O'ahu)
- Second Circuit (Maui)
- Third Circuit (Hawai'i Island)
- Rules of the Small Claims Division of the District Courts, amended eff. July 1, 2020
- HRS §§ 633-27 to 633-36
- HRS § 604-5, district court civil jurisdiction
- HRS § 607-4, district court fees
- Judiciary | District Court Forms for Oʻahu (First Circuit) Civil Claims Forms
All checked 2026-10-12.
Related guides: Ready to sue · Just got sued · Small claims court basics · 10 things to do before you sue · How to save text messages as evidence · Sued in small claims? What to do next
Small Claims Starter Kit (basic timeline and checklists).
What's in the Hawaii Playbook section
- Who can sue in Hawaii small claims?
- Where to get Hawaii forms and free help
- How much should I ask for in Hawaii small claims?
- Where to file in Hawaii
- Hawaii small claims forms and fees
- Serving the defendant: options and fees
- How to file a small claim in Hawaii, step by step (made-up example)
- Hawaii small claims checklist
- Hawaii small claims timeline and deadlines
- What to expect at your Hawaii small claims hearing
- Appeals in Hawaii small claims
- Collecting after you win in Hawaii
Want the whole game plan for Hawaii? The Hawaii Playbook takes you from filing to hearing day: what to gather, how to label your exhibits, a one-page timeline, and a day-of plan for your hearing. One yearly membership covers every state guide. See the Playbook
Small Claims Coach is built to help you handle your case yourself, without a lawyer — but if your situation is complicated, does not fit our samples, or a deadline is close, you may want to call a lawyer.
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This information is for educational purposes only. It is not legal advice.