This step sounds easy, but actually has several parts to it. To successfully file your statement of claim, you must complete the following:
A. To file a claim in Small Claims Court, fill out a Statement of Claim and Notice [Disagreement About Security Deposit-Residential] form available at the court. A Statement of claim states what your claim is against your landlord. Your hearing will take place in the District Court closest to the place you rented. However, your forms may need to be filed at a different location.
For example, on Oahu, all paperwork and filing of documents must be done at the Honolulu District Court, but your hearing may be held at another District Courthouse. You can call the District Court on that island if you have additional questions on the procedures - each island is different.
You can pick up forms at the District Court on your island or they are also available on the Court's website http://www.courts.state.hi.us/self-help/courts/forms/court_forms.html
Oahu |
Honolulu District Court
Kauikeaouli Hale
1111 Alakea Street, Honolulu, HI 96813
Forms can be found at Service Center on the Third floor
|
Maui |
2145 Main Street, Hoapili Hale, Wailuku, HI 96793 |
Hawaii Island |
Hilo
State Building, Room 205
75 Aupuni Street, Hilo, HI 96720
Kona
Keakealani Building, Room 219
Kealakekua, HI 96750
Kamuela
Waimea Civic Center, Kamuela, HI 96743
|
Kauai |
Pu'uhonua Kaulike Building
3970 Ka'ana Street, Lihue, HI 96766 |
B. Type or handwrite the forms
The Statement of Claim can be typed or handwritten. Write legibly and clearly. If you are confused about how to fill out a form, you can get help from the Court Clerks. The clerks can help you fill in the blanks, but they cannot tell you what to say or give legal advice.
You may also visit http://www.lawhelp.org/hi/resource/self-help-form-statement-of-claim-security-de. It is a Self-Help Interactive Interview that will guide you through the form by answering questions. You are able to download the completed form at the end of the Interview.
Do not sign the papers yet!
C. Notarize the forms
Notarizing your forms means that you are getting your documents legalized by a notary. You may visit a bank or a UPS store to have your forms notarized. Remember that their notary hours vari
D. Make copies of the forms
Have at least two copies. One for yourself as a record and one for your landlord.
E. File the forms at the Court
You must go down to the Court to "file" it. This means you turn it in to the clerks who will date-stamp and approve it. The clerk will take all the forms you filled out and officially file your claim.
F. Pay the filing fee
Fees may change without notice. Please check with the Judiciary staff for any questions regarding fees or costs.
The filing fee may be waived in some circumstances. If you would like your fee to be waived, you must fill out and file the Ex Parte Application for Relief From Costs at the court. However, this does not guarantee that your fee will be waived, the court will still have to approve it and it may be denied. Ask the court clerks for more information.