Small claims court in Hawaii (2026)
In Hawaii you can sue for up to $5,000 in small claims. Court: Small Claims Division of the District Court. Lawyers: allowed. Appeal: no appeal. For a broken written agreement you generally have 6 years to sue. Last checked .
Hawaii small claims at a glance
- Most you can sue for
- $5,000
- Court
- Small Claims Division of the District Court
- Filing fee
- $35
- Lawyers
- Allowed
- Appeal
- No appeal
- Ask for payment first
- Not required by law
Can you sue in Hawaii small claims?
Enter the amount and the date it happened. Nothing you type leaves your browser.
Hawaii small claims limit
$5,000
Enter the amount to compare it with the limit.
The rule: Money claims up to $5,000, not counting interest and costs. Residential security deposit disputes between landlord and tenant have no dollar limit and belong only in small claims. Also covers return of leased or rented personal property worth less than $5,000. No punitive damages and no class actions. A counterclaim above $5,000 (up to the district court limit) stays in small claims.
Deadline to sue (general rule)
6 years for this kind of claim in Hawaii. Enter the date it happened to see the last day.
Debts founded on any contract, obligation, or liability: 6 years (written or oral). Damage or injury to persons or property: 2 years. Taking or detaining goods: 6 years. Sale of goods (UCC): 4 years.
Lawyers: Lawyers may represent either side.
Before you file: The Judiciary says a demand letter might be a good idea depending on the case, but it is normally not necessary to prove earlier attempts to collect.
Appeal: There is no appeal from a small claims judgment. The court may alter or set aside a judgment on application made within 10 days after entry of judgment.
Filing fee: Filing fee is $35 (statute caps it at $35 for summons, trial, judgment, and satisfaction). A counterclaim costs $10. Service by mail or process server is extra. A judge may waive fees for financial hardship.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
Where to file and how much
- Court. Each District Court sits as a small claims division. File in the judicial circuit where the defendant (or most defendants) lives or where the claim arose; security deposit cases are filed in the circuit where the rental is located.
- Limit. Money claims up to $5,000, not counting interest and costs. Residential security deposit disputes between landlord and tenant have no dollar limit and belong only in small claims. Also covers return of leased or rented personal property worth less than $5,000. No punitive damages and no class actions. A counterclaim above $5,000 (up to the district court limit) stays in small claims.
- Filing fee. Filing fee is $35 (statute caps it at $35 for summons, trial, judgment, and satisfaction). A counterclaim costs $10. Service by mail or process server is extra. A judge may waive fees for financial hardship.
Who can sue and who can speak in court
- A party may be represented by an attorney, except in residential security deposit disputes, where attorneys may not appear for the landlord or tenant (unless representing themselves). With the court's approval, any person may appear for another without pay. The clerk will prepare papers for individuals but not for a corporation, partnership, association, or sole proprietorship.
- Before you file. The Judiciary says a demand letter might be a good idea depending on the case, but it is normally not necessary to prove earlier attempts to collect.
- Jury and moving the case. Small claims trials are before a judge. If a counterclaim over $5,000 is filed, either party may ask to transfer the case to circuit court for a jury trial: the demand must be filed before the small claims trial begins with a $200 deposit to the District Court, and a transfer fee is paid at circuit court. Otherwise no jury, and a plaintiff-filed small claims case cannot be moved to regular procedure without the plaintiff's agreement.
How long you have to sue in Hawaii
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Debts founded on any contract, obligation, or liability: 6 years (written or oral). Damage or injury to persons or property: 2 years. Taking or detaining goods: 6 years. Sale of goods (UCC): 4 years.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 6 years |
| Oral (spoken) agreement | 6 years |
| Damage to property | 2 years |
| Personal injury | 2 years |
Law: HRS 657-1(1), (3); 657-7; 490:2-725 (cross-reference in 657-1)
After the hearing: appeals and collecting
- Who can appeal
- Neither side can appeal a small claims judgment.
- Deadline
- There is no appeal from a small claims judgment. The court may alter or set aside a judgment on application made within 10 days after entry of judgment.
- Collecting the money
- The winner prepares and files a written judgment; the court does not collect, but court forms let the plaintiff garnish wages and bank accounts. A judgment is presumed paid after 10 years unless extended (never beyond 20 years).
Good to know in Hawaii
- Mediation is mandatory in small claims cases on Oahu, usually at the first court date (Small Claims Q&A #6).
- Hearing is set 5 to 30 days after filing (RSCD Rule 3(b)); on Oahu cases must be filed in person at the District Court Legal Documents Branch.
- Judgments include the filing fee, service costs, and allowed interest; attorney fees are generally not awarded.
- assigneesBarred is null: no official source found that addresses whether assignees or collection agencies may sue in small claims.
Official help and forms
- Hawaii courts: small claims self-help
- Hawaii small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- HRS 633-27 District courts; powers (read October 18, 2026)
- HRS 633-28 Small claims, no appeal; appearance by whom (read October 18, 2026)
- HRS 633-29 Fees and costs (read October 18, 2026)
- HRS 633-30 Counterclaim (read October 18, 2026)
- HRS 633-31 Jury trial (read October 18, 2026)
- HRS 657-1 Six years (read October 18, 2026)
- HRS 657-7 Damage to persons or property (read October 18, 2026)
- HRS 657-5 Domestic judgments (read October 18, 2026)
- Rules of the Small Claims Division of the District Courts (read October 18, 2026)
- Hawaii State Judiciary: Small Claims (read October 18, 2026)
- Hawaii State Judiciary: Small Claims Questions and Answers (read October 18, 2026)
- Your Guide to Small Claims Court (brochure) (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
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