What are Hawaii Small Claims Cases and Class Action Lawsuits?

Small Claims cases are civil disputes whose monetary value or compensation is not more than $5,000 minus the costs and interest payable as decided by the court. However, if a defendant files a counterclaim whose monetary value is above $40,000, including charges and interest that may be awarded by the court, the court may not preside over the matter. In the State of Hawaii, the district court’s Small Claims Division is responsible for hearing small claims cases. Meanwhile, a class-action lawsuit is a group action of injured or wronged people against a body, corporation, or organization. In Hawaii, most class action lawsuits are filed by the state’s attorney general at the State’s Supreme Court or the Federal District Court.

What is a Class Action Lawsuit in Hawaii?

A class-action lawsuit allows multiple persons (plaintiffs) who have been wronged to resolve similar claims against a body or an organization (defendant). There are four main types of class actions;

1. Consumer class action lawsuit: This is when a company provides the consumer with false information about the product. This lawsuit can also be filed when a consumer group believes that the company is exploitative when charging or billing fees.
2. Security class action lawsuit: This is a case where a company misleads shareholders concerning statements of earnings. This lawsuit can also be a case where the company withholds dividend payments.
3. Employment class action lawsuit: This is where a company disobeys labor laws, and then the employees are placed under an unethical condition of service. For instance, unpaid overtime, disregard for safety rules caused physical injury to workers, outstanding remuneration, Etc.
4. A product liability class lawsuit includes product defect cases, such as a drug that causes more harm. It can also be about a product that causes personal injury to the user.

How do I File a Claim in a Hawaii Small Claims Court?

To file a claim in the State of Hawaii, a petitioner may visit the office of the court clerk of the small claims court, or the petitioner can pick up the small claim form online. A small claim is a statement of a petitioner’s claim against the other person or body.

Do I Need a Small Claims Lawyer?

A small claims court differs from a traditional court in that decisions may be reached more quickly, and standard courtroom formalities are greatly reduced. In most small claims proceedings, a lawyer’s role is largely advisory. They may help evaluate the strengths and weaknesses of a case, highlight key legal arguments, and identify evidence that may be inadmissible. Additionally, a lawyer may also assist in drafting or responding to a claim, whether on behalf of a plaintiff or a defendant.

How do Class Action Lawsuits Work in Hawaii?

The state’s attorney general is mostly responsible for most class action lawsuits, especially if the claim is unfair, deceptive acts and practices. However, in a case where private persons file a class action, the procedure is as stated in HRS. §480–13.3 is that the filed copy of the petition, including any documents relating to the lawsuit, should be served on the state’s attorney general within seven days of filing the petition. The petition remains under seal for at least 60 days to allow the attorney general to probe further by requesting more documents. After 60 days, the attorney general decides whether the state will proceed with the class action. When the state moves with the class action, then the claim filed by the class representative may be dismissed. However, if the attorney general allows the class representative to proceed with the lawsuit, the defendant is served and given 20 days to respond to the petition. A class action is usually complicated; most times, it takes longer than a single-party suit.

Is a Class Action Better Than a Single Party Suit?

In a civil case where a group of people was wronged or injured, a class action is better than a single-party suit.

Hawaii public records may also be accessed through third-party websites. These sites generally expedite the record retrieval process by aggregating records generated across several jurisdictions and allowing users to perform multi-record searches. To use a third-party site, the inquirer may be required to provide the following information:

• The name of the record subject, unless said person is a juvenile
• The location or assumed location of the record or person involved, including information such as the city, county, or state that the person resides in or was accused in.

Third-party sites are managed independently of government sources and are not sponsored by these agencies. Consequently, the availability, accuracy, and/or validity of some records may not be guaranteed. 

What Cases Are Heard by Small Claims Courts in Hawaii?

The small claims court division of the district court in Hawaii has general jurisdiction over the following matters:

• Criminal offenses that involve sentencing of not more than one year
• Civil disputes and issues like debts, interests, or monetary compensation that is not more than $40,000
• Landlord-Tenant issues, security deposit between a landlord and a tenant, return of leased or rented property valued at $5,000 or less. etc.
• Specific performance issues whose value is not more than $20,000
• Harassment, domestic violence, and various other misdemeanors
• Appeals from the administration of motor vehicle registration, etc.
• Damages or repossession of unauthorized eradication of shopping carts or baskets from the premises of a business entity.