Honolulu Small Claims Division

Jurisdiction: 

Area of Law: 

The Honolulu Small Claims Division is empowered to handle cases where the claim is for $3500 or less excluding costs and interest.  For a counter claim by the defendant, the claim amount cannot exceed $20,000 with costs and interest excluded.  Default due to non-return of rented or leased property or rent not paid, where the amount involved is not more than $3,500 comes under the purview of the small claims court.  Other claims filed could be for recovery of damages caused by removal of devices or other fixtures installed in the property, and disputes between land or property owners and their tenants regarding rent or security deposits not refunded.

 

The Honolulu Small Claims Division has seven different locations called circuits.  There are district and judicial circuits in each of the divisions where claims can be filed.   The claims can be filed in the division where the defendant lives or where the property is.  When there are several defendants living in different divisions, the claims can be filed either where the dispute took place or where any one of the defendants reside.

 

The Honolulu Small Claims Division clerk prepares a statement of claim based on the information given to him by a plaintiff or individual. All other claims, either of a corporate or company, has to be done in prescribed forms and the clerk will not help in writing the claim.  The clerk would also issue notice to the defendant with the place, date and time mentioned when the defendant has to appear in court along with a copy of the statement of claim.  The defendant needs to be notified at least forty-eight hours prior to the hearing. A signed receipt returned by the defendant with the date of delivery and time mentioned needs to be submitted to the clerk.

 

The advantage resolving a dispute in a Small Claims Division is that the process of hearing is not very formal and it is very simple. The disadvantage is that the litigant cannot appeal against the judge’s decision.  Once a statement of claim is filed at the Honolulu Small Claims Division, the clerk would arrange for the hearing between five and thirty days from the date of filing the claim.

 

Both the plaintiff and the defendant should present all facts at the hearing along with any written documents or letters, checks, witnesses, photographs and other supporting evidence to substantiate their claim.

 

For further help you can go through the brochure ‘Your Guide to the Small Claims’ and for any legal advice, it is recommended that you contact a local small claims attorney.