Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
Hawaii doesn't require a demand before filing, but asking in writing first is good evidence and may settle the matter.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Hawaii you can sue for up to $5,000 in the Small Claims Division of the District Court.
Run the 60-second case check to see the last day you can file.
Use the company's exact legal name and serve its registered agent.
1–2 evenings
1DC06: Statement of Claim (General Form); use 1DC05 for security deposits. Get the form.
Sign the Statement of Claim; the clerk will tell you if it must be signed in front of them.
Bring the original and one copy for each defendant, plus one for yourself.
Filing day
Choose how you'll file:
Usually the district court division where the defendant lives. If they live on another island, you can file where the claim arose or where the defendant can be found. Deposit cases can be filed where the rental is if the landlord lives out of state.
$35 to file. A counterclaim costs $10. Service by certified mail costs postage; a process server charges a fee plus mileage. Can't afford it? Ask for a fee waiver: Ask the judge to waive the filing fee for financial hardship; the clerk has the form..
The clerk stamps your claim and gives you a trial date 5 to 30 days away. You must then get the papers to the defendant at least 48 hours before trial.
Right after filing
Use certified or registered mail (restricted delivery, return receipt), a civil process server, or an adult who isn't part of the case. You can deliver the papers yourself only if the defendant signs an acknowledgment or an unrelated witness comes with you.
The defendant must get the papers at least 48 hours before the trial date.
Return of Service; Acknowledgment of Service (1DC47), or the certified-mail return receipt
File the return of service before trial, or bring the signed mail receipt to court. Without proof of service you can't get a default judgment.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant doesn't file a written answer; they come to the trial. A counterclaim must be filed ($10), and a counterclaim over $5,000 lets either side ask to move the case to Circuit Court for a jury.
If the case is paid before judgment, file a request to dismiss. If it's paid after judgment, file a Satisfaction of Judgment.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
A subpoena for a witness must be approved by the judge before the trial date; ask the clerk.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant was served and doesn't come, you can win by default, though the judge may still ask for proof. If you don't come, your case can be dismissed.
Weeks to months
There is no appeal. The losing side can ask the same court to change or set aside the judgment within 10 days after it is filed.
The court doesn't collect for you. If they don't pay, you can garnish wages or a bank account. File a Satisfaction of Judgment once you're paid.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.