Hawaii Small Claims ยท Maui District Court ยท A Tenant's Guide

Hawaii Small Claims Court
A Tenant's Guide to Suing AMC LLC

A step-by-step walkthrough for former Sunset Terrace residents who didn't get their deposit back. Hawaii Small Claims Court is designed to be navigated without an attorney โ€” and for security deposit cases, attorneys aren't even allowed. Everything below is real Hawaii procedure.

Quick Facts

Filing Fee$35 (claims under $2,500) up to $65 (larger claims). Fee waiver available via form RG-FW-3 if you can't afford it.
Monetary Limit$5,000 for general money claims. NO LIMIT for security deposit cases.
Where to FileMaui District Court, 2145 Main St, Wailuku, HI 96793. Phone: 808-244-2800.
Processing TimeHearings typically scheduled within ~30 days of filing.

Before You File

Small claims court rewards preparation. Before you walk into the clerk's office, work through this checklist:

  • You sent a written demand letter to the landlord (Maui Beachfront Residential, LLC dba Sunset Terrace) via certified mail with return receipt requested.
  • You waited the statutory period under HRS ยง521-44 โ€” landlords have 14 days from termination of tenancy to return the deposit (or send an itemized statement of deductions).
  • You either received an itemized deduction statement you dispute, or you received nothing at all by day 15.
  • You have your move-in and move-out documentation in one folder (lease, photos, emails, receipts).
  • You provided a written forwarding address to the landlord on or before move-out day.

If any box is unchecked, fix it first. The demand letter especially โ€” it costs you nothing, gives the landlord a chance to settle, and shows the judge you acted in good faith.

Step 1

File Your Statement of Claim

HRS Chapter 633 ยท Maui District Court

Go in person to the Maui District Court clerk at 2145 Main Street, Wailuku, HI 96793. Ask for the small claims packet. The form you need is:

  • Form RG-CC-3 โ€” Statement of Claim and Notice (small claims). This is the document that opens your case.
  • Form RG-FW-3 โ€” Application for Waiver of Costs. Use this if you can't afford the filing fee.

When you fill out the defendant section, use the exact registered business name of the owner of record:

Defendant: Maui Beachfront Residential, LLC dba Sunset Terrace
c/o: AMC LLC (Property Manager)
Service address: 3626 Lower Honoapiilani Rd, Lahaina, HI 96761

Why the owner LLC, not the property manager? The legal landlord under HRS Chapter 521 is the owner of record. Court records (verifiable on Hawaii eCourt Kokua) confirm that the entity filing cases under "Sunset Terrace" is Maui Beachfront Residential, LLC dba Sunset Terrace (see case 2DRC-25-0002662). AMC LLC is the property management company acting as the owner's agent. Naming the wrong entity can result in your case being dismissed or your judgment being unenforceable. See the AMC LLC / Maui Beachfront Residential dossier for full corporate-structure details.

Some practitioners also name the property manager (AMC LLC) as a co-defendant or as agent for service of process. If you're unsure, consult Hawaii Legal Aid (808-244-3731) before filing โ€” naming both entities is generally safer than naming only the manager.

Describe your claim plainly: dates, dollar amount, and the statute (HRS ยง521-44). The clerk will assign a hearing date, typically 30 days out.

Step 2

Serve the Defendant

The defendant must be formally notified of your claim. Hawaii allows two methods for small claims service:

  • Sheriff service โ€” approximately $30, handled through the court. Most reliable.
  • Certified mail with return receipt โ€” cheaper, but only valid if the defendant signs for it.

Once served, the landlord has 5 days to file a written response with the court. If they fail to respond, you may move toward default judgment (see "If the Landlord Doesn't Show" below).

Step 3

Build Your Evidence Pack

The judge will decide based on what you bring. Documentation wins these cases. Assemble a single folder with:

  • Signed lease โ€” every page, including any addenda regarding the deposit.
  • Move-in photos and video โ€” timestamped, ideally with phone metadata.
  • Move-out photos and video โ€” same surfaces, same angles, same day you handed over keys.
  • All email correspondence with management โ€” printed in chronological order.
  • Certified mail receipts โ€” both the yellow sender slip and the green return-receipt card.
  • Copy of your deposit check or money order, plus the bank statement showing it cleared.
  • Your written demand letter and any reply you received (or proof of no reply).
  • Witness statements โ€” signed and dated by anyone who helped you move in or out, or who saw the unit's condition.
  • The itemized deduction statement from the landlord (if any), with your written rebuttal of each line item.

Bring three copies of the entire pack: one for the judge, one for the opposing party, one for yourself.

Step 4

The Hearing

HRS Chapter 633 ยท No Attorneys in Deposit Cases

Show up early. Dress respectfully โ€” collared shirt, closed shoes, nothing with logos. The hearing format in Hawaii small claims is brief: each party gives a short statement, the judge asks questions, and a decision is often issued the same day.

Attorneys are not allowed in security deposit cases under HRS Chapter 633. You speak for yourself and the landlord speaks for itself (typically through a property manager or designated representative). This rule actually favors tenants โ€” it strips away legal posturing and puts both sides on equal footing.

Speak to the judge, not to the opposing party. Stick to facts: "On [date] I sent a demand letter via certified mail. The green card came back signed on [date]. As of today, [X] days later, I have not received my deposit or an itemized statement." Hand up your evidence pack when invited.

If you're nervous, write your opening statement on an index card. The judge has heard this case a thousand times โ€” clarity beats eloquence.

Step 5

If You Win

A favorable judgment is a piece of paper. Collecting on it is a separate process. If the landlord doesn't pay voluntarily within the time the court orders, your tools include:

  • Writ of execution โ€” directs the sheriff to seize non-exempt assets to satisfy the judgment.
  • Garnishment โ€” bank account levies and, where applicable, garnishment of income or rent receipts.
  • Judgment lien โ€” recorded against real property the defendant owns.

Hawaii judgments are enforceable for 10 years and may be renewed. The clerk's office can provide post-judgment forms. Many landlords pay quickly once a writ is issued, because the cost of contesting collection exceeds the deposit amount.

If the Landlord Doesn't Show

If the defendant fails to file a response within 5 days, or fails to appear at the hearing, the judge may enter a default judgment in your favor. You still need to prove the amount you're owed โ€” bring your evidence pack regardless โ€” but you do not need to overcome any opposing argument. Default judgments are routine when defendants ignore properly served claims.

AMC LLC's response history is a matter of public record. Default judgments are common. Show up prepared anyway.