SMALL CLAIMS ANSWER TEMPLATE

State of Hawaiʻi • District Court • Small Claims Division
[// GUIDANCE: This template is designed for matters filed under Hawaiʻi Revised Statutes (HRS) Chapter 633, the Rules of the Small Claims Division of the District Courts, and the Hawaiʻi Court Records Rules. Customize all bracketed fields before filing.]

I. DOCUMENT HEADER

DISTRICT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT
STATE OF HAWAIʻI
SMALL CLAIMS DIVISION

PLAINTIFF: [PLAINTIFF NAME(S)] )
) Case No. [SC_]
vs. )
) DEFENDANT [NAME]’S:
DEFENDANT: [DEFENDANT NAME(S)] ) • ANSWER
) • AFFIRMATIVE DEFENSES
) • [OPTIONAL] COUNTERCLAIM
)
__________ )

Hearing Date: ____
Hearing Time: ___
Judge: Hon. _______
[// GUIDANCE: The hearing date/time appear on the “Notice of Hearing; Small Claims” served with the Statement of Claim. Verify courtroom location.]

II. PRELIMINARY STATEMENTS

1. Defendant [NAME] (“Defendant”) appears pursuant to the Hawaiʻi small-claims summons and files this Answer within the time permitted by the rules and the hearing notice.
   [// GUIDANCE: Hawaiʻi small-claims defendants generally are not required to file a written answer, but doing so helps preserve affirmative defenses and any counterclaim. File at least five (5) calendar days before the hearing if you will serve by mail, or hand-file/serve anytime up to the hearing.]

2. Defendant denies each and every allegation of the Statement of Claim (“Complaint”) not expressly admitted herein.

III. SPECIFIC RESPONSES TO COMPLAINT PARAGRAPHS

[// GUIDANCE: Track the numbering used in the Complaint. If the Complaint is not numbered, set out concise admissions/denials.]

IV. AFFIRMATIVE DEFENSES

Without assuming any burden of proof not otherwise imposed by law, Defendant asserts the following defenses. Discovery or further investigation may reveal additional defenses, which Defendant reserves the right to assert as allowed by the court.

1. Failure to State a Claim.
2. Lack of Standing.
3. Statute of Limitations.
4. Payment, Accord, and Satisfaction.
5. Waiver and Estoppel.
6. Unjust Enrichment.
7. Offset/Set-Off.
8. Failure of Consideration.
9. Fraud, Misrepresentation, or Illegality.
10. Any further affirmative defenses permitted by Hawaiʻi law that become applicable.

[// GUIDANCE: Strike or add defenses to fit the facts. Be prepared to provide supporting evidence or testimony at the hearing.]

V. [OPTIONAL] COUNTERCLAIM

[// Delete entire Section V if no counterclaim is asserted.]

1. Parties. Counterclaim-Plaintiff is Defendant named above; Counterclaim-Defendant is Plaintiff named above.
2. Jurisdiction & Venue. This Counterclaim is compulsory/related to the same transaction or occurrence and does not exceed the small-claims monetary limit.
3. Facts.
   a. On or about [DATE], Counterclaim-Defendant [describe conduct].
   b. As a proximate result, Counterclaim-Plaintiff suffered damages of $[AMOUNT] plus costs.
4. Cause(s) of Action. [BREACH OF CONTRACT / PROPERTY DAMAGE / etc.].
5. Prayer. Counterclaim-Plaintiff requests judgment against Counterclaim-Defendant for:
   i. $[AMOUNT] in damages;
   ii. Pre- and post-judgment interest as allowed by law;
   iii. Court costs and allowable fees; and
   iv. Such other relief as the Court deems just and proper.

[// GUIDANCE: If the counterclaim exceeds the small-claims limit, the Court may transfer the matter to the regular civil calendar. Consider this before filing.]

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
A. Dismiss Plaintiff’s Complaint with prejudice;
B. Enter judgment for Defendant on all affirmative defenses;
C. Award costs as permitted by law;
D. [If Counterclaim asserted] Enter judgment for Defendant/Counterclaim-Plaintiff as set forth above; and
E. Grant such other and further relief as the Court deems just and equitable.

VII. VERIFICATION

I, [DEFENDANT NAME], declare under penalty of law that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Date: ___ Signature: ____
Printed Name: ____
Address: ______
Phone: _____
Email: _______

[// GUIDANCE: Hawaiʻi Rules permit unsworn verification under HRS § 634-35. A notarized affidavit is not required for small-claims filings, but may be used.]

VIII. CERTIFICATE OF SERVICE

I certify that on ____, 20__, I served a true and correct copy of this Answer [and Counterclaim] upon the following by ☐ hand-delivery ☐ U.S. Mail ☐ email (if agreed):

[PLAINTIFF/PLAINTIFF’S COUNSEL]
[ADDRESS / EMAIL]

Date: ___ Signature: ______
Printed Name: _____

FILING & PROCEDURAL CHECKLIST

[// GUIDANCE: Do not file this page with the Court.]

1. Deadline: File/serve so it is received no later than the hearing or as directed in the Notice of Hearing (best practice: 5+ days before).
2. Form: Use original plus two (2) copies—one for the Court, one for yourself, one for each opposing party.
3. Filing Fee: No additional fee is required to file an answer; a modest fee applies if asserting a counterclaim.
4. Evidence: Bring all documents, photos, contracts, communications, receipts, and witnesses to the hearing.
5. Settlement: The Court encourages pre-hearing settlement. File any Stipulation for Dismissal if the case resolves.

[// GUIDANCE: This template is court-ready but must be tailored to the facts of each case. Review the Hawaiʻi Rules of the Small Claims Division and any local circuit variations before filing.]