Hawaii Small Claims Default Judgment: What Happens If You Don't Show Up

You missed the hearing date on your Hawaii small claims paperwork. Maybe you were off-island. Maybe you assumed nothing would happen if you didn't show. Now you've received notice that a default judgment was entered against you. Here's what that means and what you can do.

How Default Judgment Works in Hawaii Small Claims

When a defendant who was properly served doesn't appear at the hearing, the judge can enter judgment against them under RSCD Rule 10(a). For liquidated claims — debts with a fixed, calculable amount like an unpaid invoice or contract balance — judgment may be entered on the verified claim without further proof.

For unliquidated claims, where the damages are disputed or harder to calculate (property damage, repair costs), the plaintiff still has to present proof to the judge even when you're not there. The judge decides what amount the evidence supports.

The judge may also award court costs, such as the filing fee, in addition to the claim amount. Check the judgment to see which costs were awarded.

The 10-Day Set-Aside Window

Hawaii gives you 10 calendar days after the judgment is formally entered to file a Motion to Set Aside Default (Form 1DC42 in the First Circuit, Form 3DC42 in the Third Circuit). Confirm the correct form with the court in other circuits. This is the Rule 12(a) deadline for seeking relief in the Small Claims Division.

The motion requires a sworn declaration explaining why you missed the hearing. "Excusable neglect" is the standard, and the judge decides whether the facts support relief. A documented emergency may support the motion; if you did not receive prompt notice that the judgment was entered, explain that as well. Do not assume that forgetting or a routine work conflict will meet the standard.

There's no filing fee for the motion itself. But filing it doesn't automatically freeze the judgment. If you're worried the plaintiff will start collecting before the judge rules on your motion, you need to file a separate Ex Parte Motion to Stay Execution.

If the judge grants your motion, the case goes back on the calendar for a regular hearing where both sides present their evidence. You get a fresh start on the merits.

After the 10-Day Window Closes

After the 10-day deadline, relief is no longer available under RSCD Rule 12(a). Hawaii small claims decisions cannot be appealed under RSCD Rule 12(b) and HRS § 633-28. Contact legal aid to evaluate whether an extraordinary equitable remedy may be available.

At that point, you owe the money. The plaintiff can pursue collection through a writ of execution, which allows the sheriff to seize non-exempt property, or through wage garnishment. Post-judgment interest accrues on the unpaid amount.

If you pay the judgment in full, the plaintiff is legally required to file a Satisfaction of Judgment (Form 1DC48 in the First Circuit or 3DC48 in the Third Circuit) with the court. For other circuits, contact the court for the correct form. This matters because the judgment appears on public court records through eCourt Kokua. Without a formal Satisfaction filing, it stays listed as an open debt even after you've paid.

Preventing Default in the First Place

If you know you can't make the hearing date, file a Non-Hearing Motion for Continuance (Form 1DC11 in the First Circuit or 3DC11 in the Third Circuit) at least 10 days before the scheduled date. Confirm the correct form with the court in other circuits. This asks the judge to reschedule the hearing. But a pending continuance motion doesn't cancel the original hearing — you're still required to attend unless the judge signs an order granting the postponement.

The Responding to a Small Claims Case in Hawaii guide includes the complete default judgment timeline, set-aside motion walkthrough, and the deadline calendar tracker to make sure you never miss a critical date.

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