Hawaii Small Claims Court: Limits, Fees, Forms, and Where to File
How small claims works in Hawaii: the limit, filing fee, forms, where to file, and the basic steps. Checked 2026-10-12.
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.

Filing in Hawaii? See a filled-in sample first.
Everything on this page is free. The Small Claims Playbook adds a filled-in sample of the First Circuit (Oahu) Statement of Claim and Notice (1DC06), using a made-up case, with a box-by-box guide. Other circuits may use their own form, so ask the clerk. One membership covers every state. $149 for your first year (introductory offer), then $199 a year. Join now.
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 on 2026-10-12. 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; form numbers: check your court's rules). 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.
Ready to do these steps yourself?
There's no appeal in Hawaii small claims. You can only ask the same court to alter or set aside the judgment, within 10 days after it's filed. The steps above are free. The Playbook helps you do each one, with a filled-in sample of the Oahu Statement of Claim and Notice (1DC06) and every box explained, plus your Hawaii Playbook section: serving the other side, what to expect at your hearing, why there's no appeal (and asking the court to set aside a judgment), and collecting a judgment.
You also get prep guides that work in any state: a document checklist, exhibit labels, a prep timeline and a hearing-day outline. $149 for your first year (introductory offer), then $199 a year. Join now.
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.
Who can sue in Hawaii small claims?
- Lawyers are allowed, except in security deposit cases. "Attorneys cannot appear for the landlord or the tenant in security deposit disputes, unless the attorney is the landlord or the tenant and is representing themselves".
- Non-lawyer helpers: "any person, with the approval of the court, may appear on behalf of the person or another person." This must be unpaid; paid help is unauthorized practice of law.
- No attorney's fees can be awarded under HRS § 607-14 in small claims.
- The clerk will prepare papers for an individual on request.
Hawaii small claims forms and official help
The Judiciary's Small Claims page, its Q&A, and the O'ahu, Maui and Hawai'i Island brochures explain the process. O'ahu forms: 1DC06 Small Claims: Statement of Claim (General Form), 07/2023. 1DC05 Statement of Claim (Security Deposit), 07/2023. 1DC13 Relief From Costs; 1DC14 Counterclaim (form numbers: check your court's rules). The Statement of Claim includes a sworn Declaration (part I) and a Notice of Hearing completed by the clerk (part II).
- Evidence goes to the trial, not the filing: Bring your evidence to the trial; don't attach it to the claim.
Know where to file? Next, get your proof in order.
You can present your own case. The Playbook's exhibit-label guide and hearing-day outline help you put your documents in order and explain them clearly, step by step. General legal information, not advice about your case.
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
Free: the Small Claims Starter Kit (basic timeline and checklists).
What's in the Hawaii Playbook section
- How to serve the other side in Hawaii
- What to expect at your Hawaii small claims hearing
- Appeals in Hawaii small claims
- Collecting after you win in Hawaii
- Common mistakes and a printable checklist
You do the work. The Playbook hands you the plays.
This page covers the Hawaii rules. The Playbook coaches you from filing to hearing day: a filled-in sample of the Oahu Statement of Claim and Notice (1DC06), your Hawaii Playbook section, and step-by-step prep guides. Every state and DC has a filled-in sample claim (for Mississippi, Oklahoma and Wyoming it's a sample layout we made, so you'd get the real form from the court clerk). One membership covers every state.
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.
Small Claims Coach uses public information to build the Playbook, which coaches you as you organize and present your own case. We are not your lawyer, there is no attorney-client relationship, and we don't want the details of your case.
This information is for educational purposes only. It is not legal advice.