How to File a Small Claims Lawsuit in Hawaii (2026)
Reviewed by DocDraft Legal Team · Hawaii · Last updated September 15, 2026
Under H.R.S. § 633-27, Hawaii's Small Claims Division of the District Court caps money disputes at $5,000 but waives any dollar ceiling for residential security deposit claims. The statutory filing fee is fixed at $25, among the lowest nationally, and judgments are not appealable. Written-contract claims must be filed within 6 years.
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Under Hawaii's small claims statute, what is the claim limit?
H.R.S. § 633-27 caps Hawaii small claims at $5,000 for money disputes and for the return of leased or rented personal property worth under $5,000. Claims for the return of a residential security deposit may be brought regardless of amount, making small claims the default forum for tenant deposit disputes statewide.
How do I collect a Hawaii small claims judgment?
Hawaii allows wage garnishment under H.R.S. Chapter 652, bank levy and execution under Chapter 651, and recording the judgment as a real-property lien with the Bureau of Conveyances or Land Court. Post-judgment interest accrues at 10% per year under H.R.S. § 478-3, among the highest fixed statutory rates in the United States.
Who can file under Hawaii's small claims chapter?
Any natural person, corporation, partnership, or LLC may file under H.R.S. § 633-27. There is no per-party annual limit on small claims filings. Corporate plaintiffs may appear through any officer or non-attorney employee. Attorneys are permitted but uncommon at the $5,000 ceiling. Cases are filed at the District Court.
How does Hawaii enforce a small claims judgment when the defendant moves out of state?
Hawaii will domesticate small claims judgments in the defendant's new state under the Uniform Enforcement of Foreign Judgments Act, which Hawaii has adopted at H.R.S. Chapter 636C. The plaintiff files an authenticated copy of the judgment with the relevant out-of-state court. Most states accept the filing within 30 days of submission.
Hawaii small claims at a glance
H.R.S. § 633-27 caps most Hawaii small claims at $5,000, with one important exception: claims for the return of a residential security deposit may be brought in small claims regardless of the deposit's amount, making the small claims court the default forum for tenant deposit disputes statewide. The state's $35 maximum filing fee under § 633-29 is one of the lowest in the United States. Hawaii's 10% statutory post-judgment interest rate under § 478-3 is among the highest in the U.S. Hawaii has only one trial-court system, so the small claims division operates as part of the District Court. Appeals from small claims are not available under H.R.S. § 633-28, a feature unique to Hawaii among U.S. states and worth weighing before filing.
Filing cost example: $6,500 residential security deposit dispute
Suppose a Honolulu tenant is owed $6,500 in a withheld security deposit after move-out. Although the amount exceeds the general $5,000 cap, H.R.S. § 633-27 permits security deposit claims in small claims regardless of amount, making this the right forum. Filing at District Court of the First Circuit costs $35 (the statutory maximum under § 633-29). Certified-mail service by the clerk is included. Total startup is about $35, among the lowest in the country. The hearing is typically 30-45 days out. If the tenant wins, post-judgment interest accrues at 10% under H.R.S. § 478-3. After one year unpaid, the amount grows to roughly $7,150.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
District Court of the First Circuit (Honolulu)
1111 Alakea St, Honolulu, HI 96813
District Court of the Second Circuit (Wailuku, Maui)
2145 Main St, Wailuku, HI 96793
District Court of the Third Circuit (Hilo)
777 Kilauea Ave, Hilo, HI 96720
District Court of the Third Circuit (Kona)
79-1020 Haukapila St, Kealakekua, HI 96750
District Court of the Fifth Circuit (Lihue, Kauai)
3970 Kaana St, Lihue, HI 96766
Relevant Laws
H.R.S. Chapter 633 (Small Claims)
Governs Hawaii small claims jurisdiction, the $5,000 limit and security-deposit exception, filing, service, and no-appeal rule.
H.R.S. § 657-1 and § 657-7 (Statute of Limitations)
Sets the 6-year SOL for written and oral contracts (§ 657-1) and the 2-year SOL for property damage and personal injury (§ 657-7).
Hawaii State Judiciary Small Claims
Official Hawaii State Judiciary portal for small claims forms, JEFS e-filing, fee schedules, and procedural guidance.
H.R.S. § 478-3 (Post-Judgment Interest)
Sets the 10% per year post-judgment interest rate, among the highest fixed statutory rates in the United States.
H.R.S. Chapter 652 (Garnishment)
Governs wage and bank garnishment procedures for enforcing money judgments against Hawaii debtors.
Regional Variances
Statute of Limitations for Common Claims in Hawaii
Written contract
6 years (H.R.S. § 657-1)
Oral contract
6 years (H.R.S. § 657-1)
Property damage
2 years (H.R.S. § 657-7)
Personal injury
2 years (H.R.S. § 657-7)
Debt collection
6 years (H.R.S. § 657-1)
Suggested Compliance Checklist
Send demand letter (recommended)
30 days before filing days after startingSend by certified mail with return receipt. Keep proof for hearing. Security deposits require 14-day itemization under H.R.S. § 521-44.
Verify claim is within $5,000 (or deposit exception)
Before filing days after startingH.R.S. § 633-27 caps small claims at $5,000 except for residential security deposit claims, which may be brought regardless of amount.
Gather evidence and witness contacts
Before filing days after startingPull contracts, invoices, photos, communications, deposit ledger. Make three copies of every document for hearing day.
File Statement of Claim at District Court
Within applicable SOL days after startingFile in the District Court covering the defendant's residence or where the dispute arose. Pay the $35 statutory maximum filing fee.
Confirm clerk certified-mail service
Before hearing days after startingClerk serves by certified mail under DCRCP Rule 4. If undelivered, arrange sheriff or process server personal service.
Attend hearing prepared (no appeal available)
30-45 days after filing days after startingH.R.S. § 633-28 bars appeals from small claims, so the hearing is final. Bring all evidence, witnesses, and three copies of every document.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send demand letter (recommended) | Send by certified mail with return receipt. Keep proof for hearing. Security deposits require 14-day itemization under H.R.S. § 521-44. | demand-letter | 30 days before filing |
| Verify claim is within $5,000 (or deposit exception) | H.R.S. § 633-27 caps small claims at $5,000 except for residential security deposit claims, which may be brought regardless of amount. | - | Before filing |
| Gather evidence and witness contacts | Pull contracts, invoices, photos, communications, deposit ledger. Make three copies of every document for hearing day. | - | Before filing |
| File Statement of Claim at District Court | File in the District Court covering the defendant's residence or where the dispute arose. Pay the $35 statutory maximum filing fee. | - | Within applicable SOL |
| Confirm clerk certified-mail service | Clerk serves by certified mail under DCRCP Rule 4. If undelivered, arrange sheriff or process server personal service. | - | Before hearing |
| Attend hearing prepared (no appeal available) | H.R.S. § 633-28 bars appeals from small claims, so the hearing is final. Bring all evidence, witnesses, and three copies of every document. | - | 30-45 days after filing |
Frequently Asked Questions
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