How to File a Counterclaim in Hawaii Small Claims Court

Someone sues you in Hawaii small claims court, and then you realize — they actually owe you money from the same situation. A contractor claims you didn't pay them, but they left the job half-finished and damaged your flooring. A former tenant sues for their security deposit back, but you spent more than the deposit fixing what they broke. Hawaii law gives you a powerful tool here: the counterclaim.

The $40,000 Counterclaim Cap

Hawaii's Small Claims Division normally handles claims up to $5,000. But counterclaims follow different rules. Under HRS § 633-30, a defendant's counterclaim can go up to $40,000 and the entire case stays in small claims. No transfer to regular claims court, no formal discovery process, no need for a lawyer (unless it's a security deposit dispute, where lawyers are banned anyway).

This is an unusually generous threshold. Most states cap counterclaims at the same amount as regular claims. Hawaii lets you countersue for eight times the normal limit.

If your counterclaim exceeds $40,000, the case moves out of small claims into the Regular Claims Division or Circuit Court, where formal rules of evidence apply and both sides can pursue appeals.

Filing the Counterclaim

The process is straightforward:

Get the form. Use Form 1DC14 in the First Circuit (Oahu) or Form 3DC14 in the Third Circuit (Hawaii Island). If your case is in another circuit, confirm the correct form with that court. Pick it up at the District Court Legal Documents Branch or download it from the Hawaii Judiciary website.

Fill it out. List the dollar amount you're claiming from the plaintiff, describe what happened, and sign under penalty of perjury. The facts of your counterclaim must arise from the same transaction or occurrence as the plaintiff's original claim.

Pay the fee. The filing fee is $10 — compared to $35 for the original claim. If you can't afford it, file an Ex Parte Application for Relief From Costs (Form 1DC13 or 3DC13) to request a fee waiver. Confirm the correct form with the court in other circuits.

Submit and serve. File the original plus copies at the court clerk's office. You'll need one copy for court records and one to serve on the plaintiff. Service by regular mail typically works if you file early enough before the hearing.

Timing Matters

File your counterclaim before the hearing date. The plaintiff needs enough notice to prepare a response, and the court needs time to process the filing. The Judiciary recommends filing as early as possible.

If you show up at the hearing and announce a counterclaim without having filed the paperwork, the judge may grant the plaintiff a continuance to prepare, which delays resolution for everyone.

What the Hearing Looks Like with a Counterclaim

At the hearing, the judge hears both sides. The plaintiff presents their original claim first. Then you present your defense against their claim and your own counterclaim evidence. The judge can rule on both claims independently — you might lose the original claim but win your counterclaim, or the judge might offset the amounts.

Bring the same quality of evidence you'd bring for any hearing: printed contracts, receipts, photos, written communications. Two copies of everything — one for the judge, one for the plaintiff.

When a Counterclaim Doesn't Make Sense

Don't file a counterclaim just to make the process harder for the plaintiff. The claim must involve money the plaintiff actually owes you from the same incident. Unrelated debts or grievances don't qualify — those need a separate lawsuit.

Also consider whether the amount justifies the effort. If you're countersuing for $200 and the evidence is thin, you might spend more time preparing than the claim is worth.

The Responding to a Small Claims Case in Hawaii guide walks through the counterclaim decision, filing steps, and hearing preparation — including how to organize evidence when you're both defending and attacking.

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