This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Hawaii Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
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Multi-State
Control #:
US-01678BG
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Word;
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How to fill out Complaint In Small Claims Court For Failure Or Refusal To Return Money Deposited For Apartment?
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FAQ
The Small Claims Court hears your case if: The amount disputed doesn't exceed $5,000. Or, in a counterclaim, no more than $40,000 is requested. Claims up to $40,000 are heard by the Regular Claims Division.
The Regular Claims Court is a division of the District Court. The Regular Claims Division hears all civil actions in which the debt, damages or value of property claimed does not exceed $40,000. This court also hears all summary possession cases regardless of the amount sought.
At the end of the rental period, the landlord has 14 days to return the security deposit. If a landlord keeps any of the deposit, the landlord has to let the tenant know in writing why the money is being withheld.
No part of the security deposit shall be construed as payment of the last month's rent by the tenant, unless mutually agreed upon, in writing, by the landlord and tenant if the tenant gives forty-five days' notice of vacating the premises; in entering such agreement, the landlord shall not be deemed to have waived the ...
Filing fees generally are not more than $250. You may also need to pay a small fee for serving the defendant. If you win your case, you can usually have the defendants pay for your court costs. If you pay the filing fee, you can apply to have your fee waived.
Methods to collect judgments are governed by state and federal laws. The court cannot act as a collection agency; however, the plaintiff, with the help of court forms for collection proceedings, can garnish a defendant's wages and/or bank accounts to collect the judgment.
The Small Claims Court is the division of District Court that handles certain disputes between two or more parties. These cases are decided by a judge in an informal manner. The Small Claims Court hears your case if: The amount disputed doesn't exceed $5,000.
Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.