If I lose, how much will I have to pay?
The Court decides how much you owe and orders you to pay it. If you have claims about what the landlord did, that may offset some of the amount awarded to the landlord. The costs you may have to pay include:
Rent and late fees the landlord proved you owe.
Landlord’s attorney fees, usually 25% of the amount of rent owed to the landlord as determined by the Judge. These can be collected only if the landlord actually hired an attorney.
Landlord’s court costs such as the filing fee and the sheriff’s fee for serving the court papers.
Holdover Rent is a penalty for staying in the rental unit after you should have gone. The Judge usually decides the amount. Holdover rent is normally twice the normal rent and is “prorated” from the time the rental agreement terminated to the time that you actually leave the rental unit. “Prorated” means that the monthly rent is broken down to a day-by-day rate.
Cost of repairs for any damages to the unit.
Interest may be applied at a reasonable rate to the balance of any money owed.
How can the landlord collect the money from me?
If the landlord wins the case, the landlord will HAVE a Judgment against you, which allows the landlord to collect money owed by you. The Judgment will likely appear on your credit report. If you have little or no assets, you may be considered "judgment proof." This means the landlord cannot collect from you because you make too little to take.
If you have a job, or make over $217.50 a week (this amount changes, so call Legal Aid for an up to date information), the landlord may be able to "garnish" or take some of your wages directly from your paycheck. The landlord must follow certain steps to garnish your paycheck and you will get a notice from your employer if the landlord tries to do this.
The landlord could also follow the legal process to put a "lien" on any property you have. This would mean the landlord would get any profits from the sale of those things, such as a house, car, or boat. For more information on how your landlord can collect his or her judgment, call Legal Aid Society of Hawai`i.
If I lose, is there any way to change the Court's order?
If there are extreme circumstances such as fraud or new evidence, which was not available at the time of your Trial, you may be able to ask the Court to change its ruling. Call the Legal Aid Society of Hawai`i or a private attorney for more information. You will have to file a Motion for Reconsideration with the Court. This does NOT stop the enforcement of the Writ of Possession, unless you file a separate Motion asking the Court to Stay the Writ of Possession. This is an extremely time consuming and potentially costly process should you lose and be held responsible for your landlord's additional attorney's fees. Carefully consider if the new information or evidence is enough that you think a Judge would reopen your case and reconsider the facts.