This may prove beneficial in two ways: First, it may put an end to your dispute so that you will not need to pursue it through court. And, if it does not put an end to your conflict, it will help to show that you have attempted to resolve the conflict. A judge will probably want to know what, if any, attempt you have made to resolve the conflict. The judge will probably be favorably impressed if you have made reasonable, fair attempts to resolve the matter without the necessity of a court hearing. (You may wish to present the "demand letter" you have sent to your disputant as evidence at the hearing; see Steps 7 - 9).

"Your Guide to Small Claims Court; Questions and Answers" is available on several islands.

OAHU

District Court of the First Circuit, Civil Division
Third Floor, Kauikeaouli Hale
111 Alakea Street
Honolulu, Hawaii 96813

Phone: 538-5151

Hours: 7:45 a.m. - 4:15 p.m., M - F

MAUI

District Court of the Second Circuit
Small Claims Division
2145 Main Street, Hoapili Hale, Suite 137
Wailuku, Maui, Hawaii 96793-1679

Phone: 244-2834 or 244-2838

HAWAII

District Court of the Third Circuit
State Office Building
75 Aupuni Street, Room 205
Hilo, Hawaii 96720-4253

Phone: 961-7470

Hours: 7:45 a.m. - 4:15 p.m.

District Court of the Third Circuit
Keakealani Building, Room 219
Kealakekua, Hawaii 96750-9014

Phone: 322-2022

Hours: 7:45 a.m. - 4:15 p.m.

District Court of the Third Circuit
Waimea Civic Center
Kamuela, Hawaii 96743-0746

Phone: 885-4615

Hours: 7:45 a.m. - 4:15 p.m.

KAUAI

District Court of the Fifth Circuit
3016 Umi Street, Room 208
Lihue, Kauai, Hawaii 96766

Phone: 245-4042

Hours: 7:45 a.m. - 4:15 p.m.

You may also wish to consult publications about the Small Claims Court process such as:

Small Claims Court; Making Your Way Through the System by Theresa Rudy, N.Y., Random House, 1990

(Available in the Public Library - 347.328-R)

Everybody's Guide to Small Claims Court by Ralph Warner, Berkeley, CA., Nolo Press, 1990

(Available in the Public Library - 347.328-W)

Knowing that you're right is not even half the battle. You know you're right. Your family and friends know you're right. Your neighbors know you're right. Even your dog knows ... but that doesn't really count. You still have to convince the judge that you're right. You will be responsible for presenting the witnesses, documents, photographs and other evidence to someone who has no background on the specifics of your problem.

Is it worth your time and money to pursue this case? Read carefully the section entitled "What Does it Cost To Notify the Defendant And Who Pays the Cost?" in "Your Guide to the Small Claims Court". Such costs include:

• fees charged by the post office if service is made by certified or registered mail;
• fees charged by the sheriff's office and mileage fee if papers are served by the sheriff.

You can't draw blood from a turnip - will you be able to collect from the defendant? Even if you win your case in Small Claims Court, there is a possibility that collecting the money you prove you are owed will be difficult or impossible. They may not have a job; they may not even be locatable. Some people are "judgment proof" - either they have no assets or have effectively hidden them.

You may want to consider whether it is worth the time and expense of going to court given these possibilities. A judgment in your favor from the Small Claims Court will be worth little to you if you are unable to collect from the defendant.

If your case involves real estate or contracting activity, where the disputant is licensed by the State as a real estate salesperson, broker or contractor, be sure to find out whether you may be eligible for compensation through either the Real Estate Recovery Fund or the Contractors Recovery Fund before you file your claim. Contact the Real Estate Commission or the Contractors License Board for such information.

A clerk will assist you in the preparation of the necessary papers if you are an individual seeking help regarding a personal claim. You will not be entitled to such assistance if your claim arose from a business operation.

Once you file your Statement of Claim with the Small Claims Division, the clerk will set a hearing date not less than five nor more than 30 days from the date you file your Statement of Claim.

Assemble all documents and papers that you will need at the hearing. When possible, bring originals with you to Court. However, be sure to make copies for the judge and for the other party.

Some of the documentary evidence which your should be reviewing for possible use at your hearing, include the following:

• Written contracts (e.g. leases, promissory notes, agreements to repair property, etc.)
• Bills, paid or unpaid, canceled checks, credit car/check statements
• Repair bills or written estimates of repairs prepared by qualified persons
• Advertisements
• Correspondence, business cards, brochures, etc.
• Photographs (of damaged property, signs, etc.)
• Log of dates and names of telephone conversations with named persons
• Diagrams

Interview possible witnesses. Find out if the witness helps your case. If so, make sure the witness will be available for your hearing. You may wish to consider using a subpoena (see below) to require the witness to appear at the hearing.

Prepare an outline. Before the hearing, write out all of the things you think the Judge should know to understand your case.

Prepare a list of questions to ask your witness at the hearing. The questions should be those that bring out the responses that are helpful to your case.

Subpoena documents or witnesses if necessary. You can require a witness to appear in court by having a subpoena issued by the court. Subpoena forms may be obtained from the Clerk of the Small Claims Division of the District Court of the First Circuit.

To obtain documents or other evidence which you do not have but may need to present in your case, you may request a subpoena duces tecum. For example, you may need copies of canceled checks, invoices, repair records, etc. to show that a business transaction occurred. To obtain such documents, ask the clerk for a form called "Subpoena Duces Tecum." In describing the documents you wish to have provided, be as specific as possible. Give dates, invoice numbers, and detailed information to pinpoint the documents.