Hawaii Small Claims Forms

Hawaii Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Hawaii Small Claims Forms

  • How often do tenants win in small claims court?

    Tenants can have a fair chance of winning in small claims court, especially when they present solid evidence. The outcome often depends on the specifics of each case, including the documentation and facts provided. Many tenants have successfully used small claims court to settle security deposit disputes or issues with landlords. Utilizing Hawaii Small Claims Forms may strengthen your case.

  • What is the maximum amount I can claim in Small Claims Court?

    The maximum amount you can claim in Small Claims Court in Hawaii is $5,000. This limit provides a practical way for individuals to resolve disputes without the complexity of higher courts. It is advisable to evaluate whether your claim fits within this limit to determine the best course of action. Hawaii Small Claims Forms are designed to assist in preparing your claim effectively.

  • How much can you claim in small claims court in Hawaii?

    In Hawaii, you can claim up to $5,000 in small claims court. This amount allows individuals to resolve smaller disputes without the need for expensive legal representation. It's important to keep in mind that this limit is designed to facilitate quick resolutions. Consider using Hawaii Small Claims Forms to help streamline your filing process.

  • How long do you have to file a lawsuit in Hawaii?

    In Hawaii, the statute of limitations varies depending on the type of claim but generally allows for 2 years for personal injury claims. For contract claims, you typically have 6 years. Make sure to check your timelines and gather the appropriate Hawaii Small Claims Forms from US Legal Forms to ensure you file on time.

  • What is the best evidence for small claims court?

    The best evidence in small claims court consists of documents, photographs, contracts, and witness statements. Clear and concise documentation can significantly strengthen your case. Make sure to prepare your evidence well when filing Hawaii Small Claims Forms.

  • What are the rules for small claims in Ohio?

    While this FAQ focuses on Hawaii, it's good to know that small claims court rules vary by state. In Ohio, there are specific limits on the amount you can claim and the type of cases that can be considered. If you're looking for Hawaii Small Claims Forms, the US Legal Forms platform can offer you tailored solutions.

  • What can you not sue for in Small Claims Court?

    In small claims court, you cannot typically sue for punitive damages, personal injury claims exceeding a set amount, or cases involving equitable relief. If you are unsure about your claims, using Hawaii Small Claims Forms from US Legal Forms can help clarify what is allowed in your case.

  • Is it worth going to Small Claims Court for $500?

    Going to small claims court for $500 can be worthwhile if you believe you have a strong case. Assess your chances of winning and the potential recovery. If you decide to move forward, you may find Hawaii Small Claims Forms useful to ensure that your paperwork is filed correctly.

  • Is it worth suing someone for 500 dollars?

    Whether it's worth suing for $500 depends on your situation and the potential costs involved. You should consider the time, effort, and court fees against the likelihood of recovery. Using Hawaii Small Claims Forms can streamline the process if you choose to proceed.

  • What is the lowest amount for small claims court?

    The minimum amount you can sue for in small claims court varies by state. In Hawaii, the claim must typically exceed a small threshold to be accepted, often around $30. To determine the exact requirements and to find the right Hawaii Small Claims Forms, check the resources available on the US Legal Forms platform.