Hawaii Small Claims Court Answer

Before you use this: Confirm with the small claims clerk whether a written answer is accepted or a local form is required, and attend the scheduled hearing.

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

State of Hawaiʻi — District Court

Small Claims Division

IMPORTANT INSTRUCTIONS FOR DEFENDANTS

Read carefully before completing this form.

1. Written Answer Not Always Required: In Hawaii small claims proceedings, a defendant is not required to file a written answer to avoid a default judgment — a defendant may simply appear at the hearing. However, filing a written answer in advance helps preserve affirmative defenses and any counterclaim, and gives the Court notice of your position.

2. Jurisdictional Categories: HRS § 633-27(a) covers money-only claims of $5,000 or less, exclusive of interest and costs; residential landlord-tenant security-deposit disputes without a stated monetary ceiling; and return of leased or rented personal property only when both the property's value and the amount claimed owed are below $5,000. A money-only claim above the paragraph (1) limit does not qualify for that small-claims category; use current court guidance to select the proper ordinary procedure.

3. No Appeal: There is no appeal from a judgment of the Small Claims Division, except that the Court may alter or set aside a judgment as provided by the rules of court. HRS § 633-28. Consider carefully before proceeding in small claims if this limitation is significant to your case.

4. Attorney Representation: HRS § 633-28(b) bars licensed practitioners from appearing for another person in a residential landlord-tenant security-deposit dispute in small claims. It does not impose that bar on every small claims case. Check the claim type and the court's appearance rules before arranging representation.

5. Counterclaim: If asserting a counterclaim, file it in advance and serve a copy on the Plaintiff. A filing fee may apply. The counterclaim amount must not exceed the small claims monetary limit, or the case may be transferred to the general civil calendar.

6. Filing Deadline: File this Answer and any counterclaim as early as possible. Best practice is at least five (5) calendar days before the hearing to allow service on Plaintiff by mail.

7. Bring Your Evidence: Bring original documents, receipts, contracts, photographs, and witnesses to the hearing. Small claims proceedings are informal but evidence matters.

8. Circuits: Hawaii has four judicial circuits. Verify the correct circuit for your filing — the First Circuit (Honolulu), Second Circuit (Maui), Third Circuit (Hawaiʻi Island), or Fifth Circuit (Kauaʻi). There is no Fourth Circuit.

9. Remove all instructional notes before filing this Answer with the Court.

COURT CAPTION

DISTRICT COURT OF THE [________________________________] CIRCUIT
STATE OF HAWAIʻI
SMALL CLAIMS DIVISION

[________________________________],
Plaintiff,

v. Case No.: SC[________________________________]

[________________________________],
Defendant.

Hearing Date: [__/__/____]
Hearing Time: [________________________________]
Judge: Hon. [________________________________]
Courtroom/Location: [________________________________]

PART I — PARTIES

Plaintiff (Person/Business Filing the Claim):

Name: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Defendant (Person/Business Responding to the Claim):

Name: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________]

Phone: [________________________________]

Email: [________________________________]

PART II — APPEARANCE AND RESPONSE

Defendant [________________________________] hereby appears in response to the Statement of Claim filed by Plaintiff [________________________________] on [__/__/____], in the Small Claims Division of the District Court of the [________________________________] Circuit, State of Hawaiʻi.

This Answer is filed pursuant to Hawaii Revised Statutes Chapter 633 and the Rules of the Small Claims Division of the District Courts of the State of Hawaiʻi.

Defendant acknowledges that this matter is pending in the Small Claims Division and fits the applicable HRS § 633-27(a) category: ☐ money only not exceeding $5,000 exclusive of interest and costs ☐ a residential security-deposit disagreement ☐ return of leased or rented personal property worth less than $5,000 when the amount claimed owed is also less than $5,000.

PART III — RESPONSE TO PLAINTIFF'S CLAIMS

Defendant responds to the substance of Plaintiff's claims as set forth in the Statement of Claim. Check the applicable response for each claim and provide an explanation where indicated.

Claim 1: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

Claim 2: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

Claim 3: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

Claim 4: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

(Add additional claim responses as needed to address all claims raised in the Statement of Claim.)

General Denial

To the extent any allegation in Plaintiff's Statement of Claim is not expressly addressed above, Defendant denies each and every such allegation and demands strict proof thereof.

PART IV — DEFENDANT'S STATEMENT OF FACTS

Defendant states the following facts in response to Plaintiff's claims:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

(Describe the facts in your own words. Include specific dates, dollar amounts, communications, and events. Attach copies of supporting documents — contracts, receipts, emails, text messages, photographs — as exhibits.)

PART V — AMOUNT IN DISPUTE

1. Amount claimed by Plaintiff: $[________________________________]

2. Defendant's position on the amount:

☐ Defendant owes nothing to Plaintiff because [________________________________].

☐ Defendant owes less than the amount claimed. The correct amount, if any, is $[________________________________] because [________________________________].

☐ Defendant has already paid the full amount claimed. Payment of $[________________________________] was made on [__/__/____] by [________________________________] (describe method of payment).

☐ Defendant has partially paid the claimed amount. Payment of $[________________________________] was made on [__/__/____]. The remaining balance is disputed because [________________________________].

PART VI — AFFIRMATIVE DEFENSES

Defendant asserts the following affirmative defenses without conceding any burden of proof not otherwise imposed by law. Check all applicable defenses and provide brief supporting facts. Be prepared to present evidence at the hearing.

Defense 1: Failure to State a Claim

☐ The Statement of Claim fails to allege facts sufficient to state a claim upon which relief can be granted under Hawaii law.

Defense 2: Statute of Limitations

☐ Plaintiff's claim is time-barred by the applicable statute of limitations, including but not limited to:

☐ HRS § 657-1(1) — Written contract (6 years)

☐ HRS § 657-1(1) — Oral contract (6 years)

☐ HRS § 657-7 — Property damage (2 years)

☐ HRS § 657-7 — Personal injury (2 years)

☐ HRS § 490:2-725 — Sale of goods under UCC (4 years)

☐ Other: [________________________________]

Plaintiff's claim arose on or about [__/__/____] and was not filed within the applicable limitations period.

Defense 3: Payment and Full Satisfaction

☐ Any obligation owed to Plaintiff has been fully paid, satisfied, or discharged. Defendant paid $[________________________________] on [__/__/____] by [________________________________].

Defense 4: Accord and Satisfaction

☐ The parties reached a settlement agreement resolving the claimed obligation, which Defendant has fully performed.

Defense 5: Set-Off / Recoupment

☐ Defendant is entitled to set off against any recovery by Plaintiff the sum of $[________________________________] that Plaintiff owes Defendant for [________________________________].

Defense 6: Failure of Consideration

☐ The obligation alleged by Plaintiff is unenforceable because consideration was absent, failed, or was insufficient.

Defense 7: Breach by Plaintiff

☐ Plaintiff materially breached the agreement at issue, excusing Defendant's obligation to perform, because [________________________________].

Defense 8: Lack of Standing

☐ Plaintiff lacks legal standing or capacity to bring this action because [________________________________].

Defense 9: Waiver

☐ By Plaintiff's own conduct or representations, Plaintiff waived the right to assert the claims alleged. Specifically: [________________________________].

Defense 10: Estoppel

☐ Plaintiff is estopped from asserting the claims alleged because Plaintiff's prior conduct or representations induced Defendant's reasonable reliance to Defendant's detriment.

Defense 11: Unjust Enrichment

☐ Plaintiff's recovery would result in unjust enrichment under the circumstances of this case.

Defense 12: Comparative Negligence

☐ Any damages suffered by Plaintiff were caused in whole or in part by Plaintiff's own negligence or fault. Under Hawaii's comparative fault principles (HRS § 663-31), any recovery must be reduced proportionately.

Defense 13: Statute of Frauds

☐ The alleged agreement is unenforceable under Hawaii's Statute of Frauds, HRS § 656-1, because [________________________________].

Defense 14: Improper Venue / Jurisdiction

☐ This action was not filed in the proper circuit. Under HRS § 633-27(b), an action generally must be commenced where the defendant or a majority of defendants reside or where the claim arose; if service cannot be made on all defendants there, it may be commenced where all defendants can be served. A residential security-deposit action must be commenced where the rental premises are situated.

Defense 15: No Damages Sustained

☐ Plaintiff has not suffered the damages alleged, or the alleged damages were caused by factors unrelated to any act or omission of Defendant.

Defense 16: Other Defenses

☐ [________________________________]

☐ Defendant reserves the right to assert additional defenses as permitted by the Court.

PART VII — COUNTERCLAIM (OPTIONAL)

(Complete this section only if Defendant has a monetary claim against Plaintiff. Under HRS § 633-29, counterclaims are permitted in small claims. File and serve the counterclaim on Plaintiff before the hearing. A filing fee may apply. If the counterclaim exceeds the $5,000 small claims limit, the Court may transfer the matter to the general civil calendar.)

A. Counterclaim Election

☐ No counterclaim. Defendant does not assert a counterclaim at this time.

☐ Counterclaim asserted. Pursuant to HRS § 633-29, Defendant asserts the following counterclaim against Plaintiff.

B. Counterclaim Details

1. Counter-Plaintiff (Defendant above): [________________________________]

2. Counter-Defendant (Plaintiff above): [________________________________]

3. Amount of Counterclaim: $[________________________________]
   (If the amount exceeds $5,000, this case may be transferred to the general civil calendar.)

4. Basis for Counterclaim:

☐ Breach of contract

☐ Property damage

☐ Unjust enrichment / money had and received

☐ Money owed for goods or services provided

☐ Residential landlord-tenant security-deposit dispute (no monetary limit stated in HRS § 633-27(a)(2))

☐ Return of leased or rented personal property

☐ Other: [________________________________]

5. Statement of Facts Supporting Counterclaim:

On or about [__/__/____], [________________________________].

As a direct and proximate result of the above, Defendant/Counter-Plaintiff suffered damages in the amount of $[________________________________].

6. Supporting Documents: (attach copies)

☐ Contract or agreement dated [__/__/____]

☐ Receipts or invoices: [________________________________]

☐ Photographs or video: [________________________________]

☐ Text messages, emails, or other written communications: [________________________________]

☐ Other: [________________________________]

C. Relief Requested on Counterclaim

Defendant demands judgment against Plaintiff/Counter-Defendant in the amount of $[________________________________], together with:

☐ Pre- and post-judgment interest as allowed by Hawaii law

☐ Court costs as permitted under Hawaii law

☐ Such other relief as the Court deems just and proper

PART VIII — DOCUMENTS AND EVIDENCE

Defendant intends to present the following documents and evidence at the hearing:

☐ Written contract or agreement dated [__/__/____]

☐ Receipts, invoices, or billing statements: [________________________________]

☐ Photographs or video: [________________________________]

☐ Text messages, emails, or other written communications: [________________________________]

☐ Bank statements or canceled checks: [________________________________]

☐ Repair estimates or appraisals: [________________________________]

☐ Witness testimony from: [________________________________]

☐ Other: [________________________________]

(Bring originals and at least two (2) copies of all documents to the hearing — one for the Court and one for the Plaintiff.)

PART IX — WITNESSES

Defendant intends to call the following witnesses at the hearing:

PART X — PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss the Statement of Claim with prejudice and enter judgment in favor of Defendant on all claims;

B. Deny Plaintiff all relief requested in the Statement of Claim;

C. Award Defendant costs as permitted under Hawaii law;

D. Enter judgment in Defendant's favor on the Counterclaim (if asserted) in the amount of $[________________________________], together with interest and costs; and

E. Grant any other relief authorized for this claim type under HRS § 633-27(c).

PART XI — SIGNATURE

I, [________________________________], sign this Answer and state that its factual statements are true and correct to the best of my personal knowledge.

☐ I am the Defendant and make this declaration on my own behalf.

☐ I am an authorized officer or representative of [________________________________] (business entity name) with personal knowledge of the facts in dispute.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

City, State, Zip: [________________________________]

Phone: [________________________________]

Email: [________________________________]

PART XII — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of this Answer (and Counterclaim, if applicable) upon Plaintiff as follows:

Plaintiff's Name: [________________________________]

Plaintiff's Address: [________________________________]

Method of Service:

☐ U.S. First-Class Mail, postage prepaid

☐ Certified Mail, Return Receipt Requested

☐ Hand Delivery / Personal Service

☐ Email (if agreed upon by both parties): [________________________________]

☐ Other: [________________________________]

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

HAWAII SMALL CLAIMS QUICK REFERENCE GUIDE

(For reference only — remove before filing)

Jurisdictional Limits

Key Statutes of Limitations (Hawaii)

Filing Fees (Verify with Court Clerk)

Hawaii Judicial Circuits

Hearing Day Tips

1. Arrive at least 15 minutes early.
2. Bring originals and two copies of all documents.
3. Dress professionally and address the judge as "Your Honor."
4. Speak clearly and stick to the relevant facts.
5. Do not interrupt the Plaintiff — you will have your opportunity to respond.
6. In a residential landlord-tenant security-deposit dispute, a licensed practitioner may not appear for another person. HRS § 633-28(b). For other claim types, check the court's appearance rules.
7. No appeal is available from a small claims judgment (HRS § 633-28). Consider this before proceeding.

SOURCES AND REFERENCES

• HRS Chapter 633 — Small Claims, District Courts: https://www.capitol.hawaii.gov/hrscurrent/vol13_ch0601-0676/hrs0633/HRS_0633-.htm
• HRS § 633-27 — District Courts; Powers: https://law.justia.com/codes/hawaii/title-34/chapter-633/section-633-27/
• HRS § 633-28 — Small Claims; No Appeal; Appearance: https://data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0633/HRS_0633-0028.htm
• Hawaii State Judiciary — Small Claims Information: https://www.courts.state.hi.us/self-help/small_claims/small_claims
• Hawaii District Court Rules of Civil Procedure: https://www.courts.state.hi.us/wp-content/uploads/2024/09/dcrcp_ada.htm

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before use.