Hawaii Small Claims Court: $5,000 Limit, Fees and How to File

In Hawaii, you can sue for up to $5,000 in small claims court, not counting interest and costs, and residential security deposit disputes have no dollar limit at all. The limit comes from Hawaii Revised Statutes § 633-27(a)(1), which covers "the recovery of money only where the amount claimed does not exceed $5,000 exclusive of interest and costs."

Small claims cases are heard by the Small Claims Division of the District Court in each of Hawaii's four judicial circuits: the First (Oahu), Second (Maui, Molokai and Lanai), Third (Hawaii Island) and Fifth (Kauai). The most important thing to know before you file is that there is no appeal from a Hawaii small claims judgment. This guide follows a case from filing to collecting. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Small Claims Division of the Hawaii District Court under Hawaii Revised Statutes chapter 633, part III (§§ 633-27 to 633-36), and the Rules of the Small Claims Division of the District Courts. It does not cover evictions (summary possession), regular civil cases in district or circuit court, or small claims in other states.

Hawaii small claims limit: $5,000

HRS § 633-27(a) gives the small claims division three kinds of cases:

The Hawaii Judiciary confirms: "The monetary limit is $5,000." For security deposits, the Judiciary says there is no monetary limit. Under HRS § 633-27, small claims is the court for those disputes, alongside the district court when the deposit is part of a summary possession (eviction) case.

We found no enacted change to the $5,000 limit in 2025 or 2026. One caveat: the research could not run a full-text search of 2026 session laws, so check the current statute before you file.

What small claims cannot do

• No punitive damages.
• Limited equitable relief. The court can order a party to repair, replace, refund, reform or rescind only in disputes between a landlord and tenant.
• No class actions.

If your claim is worth more than $5,000

Hawaii law does not say, in the sources we reviewed, whether you can split a larger claim into several small claims or what happens if you drop the amount over $5,000 to fit. Reducing a claim to fit may mean giving up the rest for good, so ask a lawyer before cutting a claim down. We found no limit on the number of small claims you can file in a year.

You have another option. A plaintiff with a money claim may use the regular district court procedure, where the district court handles civil claims up to $40,000 (HRS § 604-5). In the regular division the rules of evidence apply and there are appeal rights. Once a case is filed in small claims, it cannot be moved to the regular division unless the plaintiff agrees.

Every claim must also be filed within the legal deadline for that type of claim. See our guide to the Hawaii statute of limitations.

Security deposit cases

Small claims is the court for a residential tenant who wants a deposit back, or a landlord who claims damage beyond it. Three rules set these cases apart:

• No dollar limit on the claim.
• No lawyers for another person. Licensed practitioners cannot appear on behalf of someone else, though a lawyer who is the landlord or tenant can represent himself or herself (HRS § 633-28(b)).
• No transfer to a jury trial.

The case is filed in the circuit where the rental is located, and certified mail can be delivered anywhere, in or out of state. For the deposit rules themselves, see our guide to Hawaii landlord-tenant laws.

Filing fees

The Hawaii Judiciary says, "The current filing fee is $35." HRS § 633-29 caps the combined fee for issuing the summons, copies, trial, judgment and satisfaction at not more than $35.

Service costs are extra: postage for certified mail, or a process server's fee plus mileage. If you serve the defendant yourself using the signed-receipt or witness method described below, service costs nothing. Costs may be added to the judgment.

The First Circuit's printed guide, dated May 2014, lists a $10 fee to file a counterclaim and a $200 deposit to transfer a case for a jury trial. Those figures are older and were not confirmed on a current fee schedule, so ask the clerk.

If you cannot afford the fee

"The judge may waive the prepayment of costs or the payment of costs accruing during the action upon the sworn statement of the plaintiff or upon other satisfactory evidence of the plaintiff's inability to pay the costs" (HRS § 633-29).

Lawyers and help with your papers

Lawyers are allowed in Hawaii small claims, except in security deposit cases. But "No attorney's fees or commissions shall be allowed or awarded under section 607-14 by any judgment of the small claims division" (HRS § 633-34), so a winning party should not expect the judgment to cover lawyer's fees under that section.

With the court's approval, any person may appear for another without being paid. Doing it for pay would be the unlicensed practice of law.

The clerk will prepare the claim papers for an individual on request, but not for a corporation, partnership, association or sole proprietorship (HRS § 633-28(a)). We did not verify who may appear for a corporation or LLC at the hearing, so ask the clerk before your court date.

The bill to ban lawyers

House Bill 518 (2025) would prohibit licensed attorneys from representing clients in small claims court. It is not law: the legislature's status page shows no action after its referral to committee in January 2025, and it was carried over to the 2026 session with no Act number.

Where to file

File in the small claims division of the judicial circuit where the defendant (or a majority of defendants) lives or where the claim arose. If not all defendants can be served in that circuit, you can file in any circuit where all of them can be served (HRS § 633-27(b)). On Oahu, the Judiciary says small claims cases must be filed in person at the District Court Legal Documents Branch; ask the district court clerk on other islands how to file. Security deposit cases go to the circuit where the rental premises are. Within a circuit, the case goes to the right district division under the district court rules.

Mediation

Hawaii does not require a demand letter before you file. The court may order mediation under Rule 14 of the small claims rules, and on Oahu the Judiciary says mediation at court is mandatory, usually at the first court date both sides attend; if it does not settle the case, the trial follows that day or on a later date.

Serving the defendant

The plaintiff is responsible for serving the statement of claim and notice. HRS § 633-28(a) and the small claims rules allow:

• A person authorized to serve process, such as a civil process server.
• Registered or certified mail, return receipt requested, restricted to the addressee, showing delivery in the circuit (anywhere, for security deposit cases).
• Personal service by a party, either with the defendant's signature acknowledging receipt, or in the presence of a disinterested witness who is not the plaintiff's employee, family member or agent and who appears at the hearing or gives a notarized affidavit.

The Judiciary also lists service in person or on a resident of the defendant's home, and service by any adult who is not a party.

The notice must be served at least 48 hours before the hearing, or it goes back to the court to be reissued (Rule 3(d)). If the defendant has not been served by the hearing date, the First Circuit guide says the plaintiff must still appear and ask the court to continue the case.

If you are the defendant

You do not have to file a written answer. The First Circuit guide says you can admit or deny the claim out loud on the trial date, and a general denial raises all of your defenses and set-offs (Rule 6(a)).

Counterclaims

You can file a counterclaim, and it may take the form of a statement of claim. If your counterclaim exceeds $5,000 but stays within the district court's $40,000 limit, "the action shall nevertheless remain in the small claims division" and is tried there (HRS § 633-30).

Jury trial

A party entitled to a jury who files a demand before trial and pays the jury costs has the case transferred to circuit court (HRS § 633-31; Rule 7). The First Circuit guide says this is available only when a counterclaim exceeds $5,000. Security deposit cases cannot be transferred.

If someone does not show up

If the defendant does not appear, the court can enter a default judgment on a verified claim for a fixed amount without further proof; a claim for an amount that is not fixed still needs proof. If the plaintiff does not appear, the case may be dismissed without prejudice or decided for the defendant on the merits.

The hearing

"The date set for the hearing shall be not less than 5 nor more than 30 days from the date of filing of the action, unless otherwise ordered by the court."

A judge decides the case. Under HRS § 633-32, the court conducts the trial "in such manner as to do substantial justice between the parties according to the rules of substantive law," and it "is not bound by the rules of evidence, whether or not set out by statute, except provisions relating to privileged communications." The court may also hold a pretrial conference.

To make a witness come, ask the judge for a subpoena before trial; the First Circuit guide says the party who requests it pays the witness fees and mileage.

No appeal: setting aside a judgment

HRS § 633-28(a) is direct: "There shall be no appeal from a judgment of the small claims division, but the court, sitting as the small claims division, may alter or set aside any judgment as provided by the rules of court." The Judiciary puts it the same way: "There is no right to appeal a small claims court decision."

Your one remedy is a request to the same court. "The court may alter or set aside any judgment upon application made within 10 days after entry of judgment" (Rule 12(a)). The court may also grant relief if a party did not receive prompt notice that judgment was entered. After a default judgment, the plaintiff serves notice of it on the defendant by mail at the last known address.

Collecting a Hawaii small claims judgment

If you win, the judgment must be prepared in written form and filed with the court; the First Circuit guide says the service center or clerk can help. Winning does not guarantee payment, and the Judiciary says the court cannot act as your collection agency; it refers people to a licensed attorney for help. The regular district court's collection remedies become available "when the time for obtaining relief from the judgment has expired," which is 10 days after entry under Rule 12 (Rule 13).

• Examination of the judgment debtor.
• Garnishment. For wages, the judgment creditor files the garnishee papers with the court and gives the employer withholding directions.
• Execution against the debtor's property.
• Wage claims. On a judgment for wages or personal services, the court on motion orders the debtor to appear for an oral examination, up to once a week for four weeks.
• Interest. Hawaii sets interest on judgments at 10% a year "and no more" (HRS § 478-3).
• How long it lasts. A judgment is presumed paid 10 years after entry unless extended. An extension must be sought within those 10 years and cannot run past 20 years from the original judgment (HRS § 657-5).
• When you are paid. File a Satisfaction of Judgment.

Some income and property is protected. Federal law shields Social Security (42 U.S.C. § 407(a)) and VA benefits (38 U.S.C. § 5301(a)(1)), and Hawaii's own exemptions are in HRS chapter 651. See our guide to Hawaii debt collection laws.

If your claim is for unpaid wages, also see our guide to Hawaii final paycheck laws.

When small claims is the wrong court

A negligence claim against the federal government or a federal employee acting on the job is not a small claims case. Federal district courts have exclusive jurisdiction over those claims (28 U.S.C. § 1346(b)(1)), and the claim must first be presented to the federal agency (28 U.S.C. § 2675(a)).

Official forms and self-help

• Hawaii Judiciary: Small Claims Questions and Answers
• Hawaii Judiciary: Small Claims Division
• Rules of the Small Claims Division of the District Courts
• Your Guide to Small Claims Court, First Circuit (May 2014; the limit and filing fee match current law, but some details are dated).

Related

• Small claims court by state
• Hawaii statute of limitations
• Hawaii landlord-tenant laws
• Hawaii debt collection laws
• Hawaii final paycheck laws

Disclaimer: This article provides general legal information about Hawaii small claims under Hawaii Revised Statutes chapter 633, the Rules of the Small Claims Division of the District Courts and the other Hawaii and federal laws cited above, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the Hawaii Judiciary's self-help resources, the district court clerk in your circuit, a legal aid office, or a lawyer licensed in Hawaii.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Hawaii?

$5,000, exclusive of interest and costs, for money claims under HRS § 633-27(a)(1). Residential security deposit disputes have no dollar limit.

Is the Hawaii small claims limit $10,000?

No. The statute sets $5,000, and the Hawaii Judiciary states that the monetary limit is $5,000. We found no enacted change in 2025 or 2026.

Can you appeal a small claims decision in Hawaii?

No. HRS § 633-28(a) provides that there is no appeal from a small claims judgment. You can only ask the same court to alter or set aside the judgment within 10 days after it is entered (Rule 12).

How much does it cost to file small claims in Hawaii?

The Hawaii Judiciary says the current filing fee is $35, the most HRS § 633-29 allows. Service by certified mail or a process server costs extra, and a judge can waive costs for a plaintiff who cannot pay.

Can a lawyer represent me in small claims in Hawaii?

Yes, except in residential security deposit cases, where licensed practitioners cannot appear for another person (HRS § 633-28(b)). A small claims judgment cannot award attorney's fees under HRS § 607-14.

Can my landlord or tenant sue over a security deposit in Hawaii small claims?

Yes. Security deposit disputes between a residential landlord and tenant belong in small claims, with no dollar limit, and the case is filed in the circuit where the rental is located.

How soon is the hearing in Hawaii small claims court?

The hearing is set not less than 5 and not more than 30 days after filing, unless the court orders otherwise, and the notice must be served at least 48 hours before the hearing.

What interest does a Hawaii small claims judgment earn?

10% a year under HRS § 478-3. A judgment is presumed paid 10 years after entry unless extended, and it cannot be extended past 20 years (HRS § 657-5).