Hawaii Small Claims Court Statute of Limitations: Deadlines by Claim Type

Every small claims case in Hawaii has a deadline that starts ticking the moment something goes wrong — and once it expires, the courthouse door closes permanently. The statute of limitations isn't flexible, it doesn't pause because you're still hoping the other side will pay, and it doesn't reset because you sent a demand letter.

Contract Claims: 6 Years (HRS § 657-1)

Claims based on written or oral contracts, unpaid invoices, open book accounts, and breached service agreements must be filed within six years from the date of breach or the date the last payment was received.

This covers most of the common small claims scenarios: a contractor who took a deposit and disappeared, a client who stopped paying invoices, a business partner who breached an agreement. The clock starts on the day the obligation was due and not met — not when you discovered the breach or when you gave up on getting paid voluntarily.

Six years sounds generous until you realize how quickly time passes on a dispute you keep meaning to deal with. An unpaid invoice from 2020 hits its deadline in 2026 regardless of how many reminder emails you sent.

Property Damage and Tort Claims: 2 Years (HRS § 657-7)

Actions for damage to real or personal property, or for personal injuries, must be filed within two years from the date the damage occurred.

This covers neighbor disputes (a fallen tree, a fence destroyed by construction equipment), vehicle damage, water damage to a rental unit, and similar physical harm. Two years is considerably shorter than the contract window, and it's the deadline that catches people most often — especially when they spend months trying to settle through insurance before realizing the claim needs to go to court.

Security Deposits: The 14-Day and One-Year Deadlines (HRS § 521-44)

Security deposit disputes have their own timeline. Under HRS § 521-44(c), the landlord has 14 calendar days after the tenancy ends to either return the full deposit or provide a written, itemized accounting of deductions.

This isn't a statute of limitations in the traditional sense — it's a statutory performance deadline that, when missed, creates the legal basis for the tenant's claim. A tenant doesn't need to wait years to file; the cause of action crystallizes on day 15.

A tenant's filing deadline is separate from the landlord's 14-day accounting deadline. Under HRS § 521-44(c), an action to recover a landlord's complete or partial retention of a deposit must be filed within one year after termination of the rental agreement.

What Stops the Clock

Filing the Statement of Claim with the court clerk stops the clock; a demand letter, call, or settlement negotiation does not. The clock stops on the court filing date. Hawaii also has statutory extensions described below.

This means if your six-year contract deadline is next Tuesday, you need the claim filed by then — not mailed, not planned, filed.

What Happens If You Miss It

If the deadline has expired and the defendant raises the statute of limitations as a defense, the court may dismiss the case. Not knowing about the deadline or trying to settle does not by itself extend it.

HRS § 657-13 addresses a claimant's minority, insanity, or imprisonment when the claim accrued. HRS § 657-18 addresses a defendant's absence from the State. Each provision has statutory conditions.

Quick Reference

Calculating Your Deadline

If you're unsure whether your claim is still within the filing window, work backward from the triggering event. For a contract breach, that's the date payment was due or the date the last payment was made. For property damage, that's the date the damage occurred.

The Hawaii Small Claims Filing Guide includes a deadline calendar worksheet that helps you calculate the applicable statute of limitations for your specific claim type and determine how much time you have to file.

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