Report Title:

Small Claims Court; Recovery of Money

Description:

Raises the recovery of money in small claims court cases from $3,500 to $5,000.

THE SENATE

S.B. NO.

448

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SMALL CLAIMS COURT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The Legislature finds that the purpose of small claims court is to provide an informal, convenient, prompt, and inexpensive resolution to disputes that do not involve enough money to warrant the expense of formal litigation. The Legislature also finds that the maximum monetary damages that can be awarded in Hawaii's small claims court is not in parity with many states on the mainland. The purpose of this Act is to raise the claim threshold in small claims court from $3,500 to $5,000.

SECTION 2. Chapter 633-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All district courts, except as otherwise provided, shall exercise jurisdiction conferred by this chapter, and while sitting in the exercise of that jurisdiction, shall be known and referred to as the small claims division of the district court; provided that the jurisdiction of the court when sitting as a small claims division of the district court shall be confined to:

(1) Cases for the recovery of money only where the amount claimed does not exceed [$3,500] $5,000 exclusive of interest and costs, except as provided by section 633-30;

(2) Cases involving disagreement between landlord and tenant about the security deposit in a residential landlord-tenant relationship; and

(3) Cases for the return of leased or rented personal property worth [$3,500] $5,000 or less where the amount claimed owed for that lease or rental does not exceed [$3,500] $5,000 exclusive of interest and costs.

This chapter shall not abridge or affect the jurisdiction of the district courts under paragraphs (1) and (3) to determine cases under the ordinary procedures of the court, it being optional with the plaintiff in the cases to elect the procedure of the small claims division of the district court or the ordinary procedures of the district court unless the removal is agreed to by the plaintiff. In cases arising under paragraph (2) the jurisdiction of the small claims division of the district court shall be exclusive. This subsection shall not abrogate nor supercede sections 604-5, 633-30, and 633-31."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon approval.

INTRODUCED BY:

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