Hawaii · Property damage

Property damage in Hawaii small claims

Someone damaged your property? Recover in small claims.

When someone damages your property — a neighbor, a tenant, a contractor, or another driver — small claims court is often the fastest and least expensive way to recover. Your case turns on proving who caused the damage, the extent of the damage, and what it costs to repair or replace. Documentation is everything: photos of the damage, repair estimates, and any witnesses or communications that establish fault.

In Hawaii, small-claims cases are heard in the Small Claims Division of the District Court and you can sue for up to $5,000 (no monetary limit for a tenant's residential security-deposit claim).

Good to know: Small claims in Hawaii is handled by the Small Claims Division of the District Court (sometimes called Small Claims Court). It is governed by HRS Chapter 633 and the Rules of the Small Claims Division of the District Courts. Note a source discrepancy: the current Hawaii State Judiciary self-help web page states the monetary limit is $5,000 (and counterclaims up to $40,000), while the older official printed brochure (smclaim.pdf) still states $3,500 (counterclaim $20,000). The $5,000 figure on the live judiciary website is treated as current. There is no separate statute-of-limitations period for oral vs. written contracts in Hawaii: HRS 657-1 applies a single 6-year period to all contract/debt actions.

Property damage in Hawaii: local specifics

Hawaii applies a single limitations period to all contract and debt actions; check whether a property damage claim in your situation is treated as a contract or a general damage claim, as Hawaii's rules may differ.

Property damage: steps that matter

1. Photograph and video the damage immediately and in detail, before any repairs are made.
2. Get at least one written repair estimate from a professional to establish the dollar value of your claim.
3. Identify any witnesses and note their contact information.
4. Send a written demand to the responsible party stating the amount you are seeking and why, and keep proof you sent it.
5. File in the court for the county where the damage occurred or where the defendant is located.

Filing your Statement of Claim in Hawaii

1. Prepare and file a Statement of Claim. File a Statement of Claim with the clerk of the District Court (Small Claims Division) in the proper division (generally where the defendant resides, where the claim arose, or, for security-deposit disputes, where the property is located). Upon request the clerk may help individuals prepare the Statement of Claim, but cannot give legal advice; businesses/corporations must prepare it without clerk assistance. On Oahu, all small claims documents are filed at the District Court of the First Circuit, Civil Division, Kauikeaouli Hale, 1111 Alakea Street, 3rd Floor, Honolulu.
2. Pay the filing fee. Pay the filing fee when filing (a judge may waive it for financial hardship). The civil division payment window closes before the end of business, so file during office hours (Monday-Friday, 7:45 a.m. to 4:30 p.m.; payment window closes at 4:15 p.m.).
3. Receive the trial date / Notice. When the Statement of Claim is filed, the clerk assigns a specific date and time for the trial and sets it on the Notice in the Statement of Claim. The clerk sets a trial date not less than 5 nor more than 30 days from the date of filing.
4. Serve the defendant. The plaintiff is responsible for notifying the defendant by serving a copy of the Statement of Claim and Notice. Permitted methods include registered/certified mail (restricted delivery, return receipt requested), service by the sheriff (Dept. of Public Safety), service by any non-party over age 18, or personal service by the plaintiff with the defendant's signed acknowledgment or an accompanying witness. The defendant must be served at least 48 hours before the trial date.
5. Attend mediation and trial. All small claims cases go through mediation first (with a mediator from the Mediation Center of the Pacific). If no agreement is reached, the parties return to court for trial before the judge that same day; bring all relevant documents and any witnesses.

Filing fees: A filing fee applies and may be waived by a judge for financial hardship. Verify the current amount with the court.

Deadline that applies to your property damage

A property damage claim typically falls under the property damage statute of limitations in the state where the damage occurred. If the damage arose from a breach of contract — for example, a service provider who caused damage — the contract period may also be relevant. Confirm which deadline applies to your specific claim with the court.

Property damage: 2 years (HRS § 657-7)

Answering a lawsuit: No written answer is required. The defendant may verbally admit or deny the claim at the trial date. The defendant must be served at least 48 hours before the trial date.

Serving the defendant: The plaintiff serves the Statement of Claim and Notice on the defendant by registered/certified mail (restricted delivery, return receipt requested), by the sheriff, by any non-party over age 18, or by the plaintiff personally with the defendant's signed acknowledgment or a witness; service must reach the defendant at least 48 hours before the trial date.

Appeals: There is no right to appeal a small claims judgment; the judge's decision is final.

All Hawaii small-claims deadlines

The table below lists the filing deadlines Small Claims Division of the District Court applies by claim category. Confirm the exact rule that applies to your property damage claim with your court before relying on any figure.

Hawaii small-claims forms for your property damage case

These forms are published by the Small Claims Division of the District Court. CaseBySelf can pre-fill them automatically from your case details.

• Small Claims Statement of Claim - Security Deposit: Starts a Hawaii small-claims security deposit case.
• Request for Relief From Court Costs: Requests relief from Hawaii District Court costs.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Hawaii State Judiciary - Small Claims (overview). Last reviewed 2026-06-23.