Once you file your claim, you are called the plaintiff, and the opposing party (landlord) is called the defendant. As the plaintiff, you must legally notify the defendant about this claim by giving him/her a copy of the Statement of Claim and Notice to appear in Court. The court clerk prepares a Notice which states the time and place your landlord needs to appear in Court. This process of notifying the defendant is called "serving" the defendant a summons.
You, as the plaintiff, must "serve" the defendant a copy of the Statement of Claim and the Notice to court date. You must notify the defendant AT LEAST 48 HOURS before the date of the hearing. You must fill out the Return of Service form or Certificate of Service. These forms can be found at the Court's website.
http://www.courts.state.hi.us/self-help/courts/forms/court_forms.html
You can serve your landlord in one of the following ways, so long as the defendant lives within the judicial circuit that the district court belongs to (i.e. Honolulu):
1. Send the Statement of Claim and Notice to the defendant by registered mail with return receipt requested to be delivered to the addressee only.
Remember, the defendant must receive this mail at least 48 hours prior to the hearing date.
If you choose this option, then on the hearing date, you MUST present to the judge the receipt for registered or certified mail issued by the post office when the papers were mailed and the return receipt showing the date of delivery and the signature of the defendant. Without these receipts, you may not be able to prove to the satisfaction of the court that the papers were delivered to the defendant.
You are responsible for paying the costs to send the letters. If you win, the Court may order your landlord to reimburse you. Remember to keep receipts of these fees if you want the court to reimburse you.
2. Use a Private Party or Process Server to personally serve the defendant
CHOOSING A SERVER
The person who delivers the packet is called your "server." Your server can be a process server or anyone over 18 years old as long as the adult is NOT part of this court action. This means that you cannot use any roommates or family members if their names are listed on the court papers. If you hire a process server, you must pay and you will be charged for additional mileage if the server has to try more than once.
If you do not use a process server, make sure that the person you choose is reliable and understand what he/she must do.
WHAT YOUR SERVER MUST DO
When your server goes to your landlord, your server will need to:
- give your landlord a date-stamped copy of the Complaint for Damages and Summons AND
- have your landlord sign the Return of Service form
After your landlord signs the Return of Service form, you or your server must take this form to the District Court and turn it in to a court clerk. If the landlord refuses to sign, this should be noted in the special circumstances portion of the form.
Remember, the server must deliver these documents at least 48 hours before your hearing date.