Bill Text: HI SB2101 | 2016 | Regular Session | Amended

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Bill Title: Judiciary Package; District Court; Small Claims Division; Jurisdiction; Attorney's Fees

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2016-03-10 - Referred to JUD, FIN, referral sheet 26 [SB2101 Detail]

Download: Hawaii-2016-SB2101-Amended.html

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THE SENATE	S.B. NO.	2101
TWENTY-EIGHTH LEGISLATURE, 2016		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO DISTRICT COURT SMALL CLAIMS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to give to the small claims division of the district court the exclusive jurisdiction over cases in which the amount claimed is $1,000 or less and to make clarifying and housekeeping amendments.

     SECTION 2.  Section 607-14.7, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§607-14.7[]]  Attorney's fees, costs, and expenses; judgment creditors.  In addition to any other attorney's fees, costs, and expenses which may or are required to be awarded, and notwithstanding any law to the contrary, the court in any civil action may award to a judgment creditor, from a judgment debtor, reasonable attorney's fees, costs, and expenses incurred by the judgment creditor in obtaining or attempting to obtain satisfaction of a money judgment, whether by execution, examination of judgment debtor, garnishment, or otherwise.  The court may award attorney's fees which it determines is reasonable, but shall not award fees in excess of the following schedule:

     25 per cent on first $1,000 or fraction thereof.

     20 per cent on second $1,000 or fraction thereof.

     15 per cent on third $1,000 or fraction thereof.

     10 per cent on fourth $1,000 or fraction thereof.

     5 per cent on fifth $1,000 or fraction thereof.

     2.5 per cent on any amount in excess of $5,000.

The above fees shall be assessed on the amount of judgment, exclusive of costs and all other attorney's fees[.]; provided that the court shall award no attorney's fees in cases filed pursuant to section 633-27(b)(2) or (d)(2)."

     SECTION 3.  Section 633-27, Hawaii Revised Statutes, is amended to read as follows:

     "§633-27  District courts; powers.  (a)  All district courts, except as otherwise provided, shall exercise jurisdiction conferred by this chapter, and while sitting in the exercise of that jurisdiction, shall be known and referred to as the small claims division of the district court; provided that the jurisdiction of the court when sitting as a small claims division of the district court shall be confined to:

     (1)  Cases for the recovery of money [only] where the amount claimed is more than $1,000 but does not exceed $5,000 exclusive of interest and costs, except as provided by section 633‑30;

     (2)  Cases for the recovery of money where the amount claimed is $1,000 or less, exclusive of interest and costs;

    [(2)] (3)  Cases involving disagreement between landlord and tenant about the security deposit in a residential landlord-tenant relationship; and

    [(3)] (4)  Cases for the return of [leased or rented] personal property worth [less than] $5,000 [where the amount claimed owed for that lease or rental is less than $5,000 exclusive of interest and costs.] or less.

     (b)  This chapter shall not abridge or affect the jurisdiction of the district courts under [paragraphs (1) and (3)]:

     (1)  Subsection (a)(1) and (4) to determine cases under the ordinary procedures of the court, it being optional with the plaintiff in the cases to elect the procedure of the small claims division of the district court or the ordinary procedures, as provided by rule of court[.]; and

     (2)  Subsection (a)(2) to determine cases under the ordinary procedures of the court, it being optional with the plaintiff who is represented by an attorney licensed in this State to elect the procedure of the small claims division of the district court or the ordinary procedures.

     (c)  No case filed in the small claims division [after December 31, 1991,] shall be removed from the small claims division to be heard under the ordinary procedures of the district court unless the removal is agreed to by the plaintiff.

     (d)  In cases arising under [paragraph (2),] subsection (a)(2) or (3), the jurisdiction of the small claims division of the district court shall be exclusive; provided that [the]:

     (1)  The district court, having jurisdiction over a civil action involving [summary possession,] a residential landlord-tenant relationship, shall have concurrent jurisdiction with the small claims division of the district court over any security deposit dispute [between landlord and tenant in a residential landlord-tenant relationship.]; and

     (2)  The district court, having jurisdiction over a civil action under subsection (a)(2) where the plaintiff is represented by an attorney licensed in this State, shall have concurrent jurisdiction with the small claims division of the district court.

[This subsection] Subsections (a) to (c) and this subsection shall not abrogate or supersede sections 604-5, 633-30, and 633-31.

     [(b)] (e)  Actions shall be commenced in the small claims division of the district court of the judicial circuit in which the defendant or a majority of the defendants reside or the claim for relief arose, unless service cannot be made on all of the defendants in that circuit, in which case action may be commenced in any circuit in which all of the defendants can be served; provided that actions arising under [paragraph (2) of] subsection [(a)of this section] (a)(3) shall be commenced in the circuit wherein the rental premises are situated.

     [(c)] (f)  The small claims division of the district court may grant monetary relief and equitable relief except that:

     (1)  Monetary relief shall not include punitive damages; and

     (2)  Except as specifically provided in section 633-8, equitable relief shall be granted only as between parties to a landlord-tenant disagreement pursuant to chapter 521, and shall be limited to orders to repair, replace, refund, reform, and rescind.

     [(d)] (g)  Class actions are prohibited in the small claims division of the district court."

     SECTION 4.  Section 633-28, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Actions shall be commenced and conducted in the small claims division of the district court as provided by the rules of court.  The clerk of the court, at the request of an individual, shall prepare the papers required to be filed in an action in the court, but the clerk's services in the preparation of these papers shall not be available to a corporation, partnership, or association, or to any individual proprietorship.  The mode of service shall be:

     (1)  As provided by law or rule of court for cases in the district courts; provided that for any small claims action, service may be made by one of the parties to the action by means of personal service to the other parties, on the condition that:

         (A)  The party being served signs that party's name to indicate actual receipt of service; or

         (B)  A competent witness, who is not an employee, family member, or agent of the plaintiff appears at a hearing on the matter or provides a notarized affidavit testifying that personal service on the party sought to be served was accomplished in the witness' presence;

     (2)  As to actions arising under [paragraphs (1) and (3) of section 633-27(a),] section 633-27(a)(2) and (4), by registered mail or by certified mail with return receipt signed by the addressee showing delivery within the circuit; or

     (3)  As to actions arising under [paragraph (2) of section 633-27(a),] section 633-27(a)(3), by registered mail or by certified mail with return receipt signed by the addressee showing delivery at any place within or without the State.

There shall be no appeal from a judgment of the small claims division, but the court, sitting as the small claims division, may alter or set aside any judgment as provided by the rules of court."

     SECTION 5.  Section 633-30, Hawaii Revised Statutes, is amended to read as follows:

     "§633-30  Counterclaim; retention of jurisdiction.  When the limit of the district court as provided by section 633-27 is exceeded in a counterclaim but within the jurisdictional limit of the court as provided by section 604-5, the action shall nevertheless remain in the small claims division of the district court and be tried therein in its entirety[; provided that], unless removal to be heard under the ordinary procedures of the district court is requested by the plaintiff.  In addition, the district court having jurisdiction over a civil action involving [summary possession] a residential landlord-tenant relationship shall have concurrent jurisdiction with the small claims division of the district court over any security deposit dispute [between landlord and tenant in a residential landlord-tenant relationship]."

     SECTION 6.  Section 633-34, Hawaii Revised Statutes, is amended to read as follows:

     "§633-34  Award of costs.  In any action pursuant to this chapter, the award of costs is in the discretion of the court, which may include therein the reasonable cost of bonds and undertakings, and other reasonable expenses incident to the action, incurred by either party.  No attorneys' fees or commissions shall be allowed or awarded under sections 607-14 and [607-17] 607-14.7 by any judgment of the small claims division."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on January 1, 2017.

 

 

Report Title:

Judiciary Package; District Court; Small Claims Division; Jurisdiction; Attorney's Fees

 

Description:

Establishes small claims division's exclusive jurisdiction of cases for amounts of $1,000 or less.  Allows plaintiff to request removal of small claims cases to be heard in ordinary procedures of the district court when counterclaim is filed.  Allows a plaintiff to file cases in either the small claims division or regular claims division of district court if the plaintiff is represented by an attorney.  Prohibits the award of attorney's fees in cases for amounts of $1,000 or less exclusive of interests and costs if the plaintiff is represented by an attorney and the district court has concurrent jurisdiction with the small claims division of district court.  Takes effect 1/1/2017.  (SD1)

 

 

 

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