How do I obtain a default judgment in a small claims court case?
In Hawaii, a default judgment in a small claims court case may be obtained when the defendant does not respond to the court summons, which is typically served via certified mail. To obtain a default judgment, you must first submit a Motion for Default Judgment accompanied by a sworn statement detailing the amount of your claim and the facts upon which your claim is based. Once this motion and statement are submitted, the court will review your motion and either grant or deny it. If your motion is approved, a Default Judgment will be entered against the defendant for the amount that you requested in your Motion. You will be notified of the Default Judgment by the court, and will have the right to collect the amount outlined in the judgment from the defendant. In the event that the defendant does respond to the court summons and does not agree to the terms of the suit, the court will proceed with a hearing in which both parties can present evidence and arguments. The court will then weigh the evidence and arguments presented and make a ruling on the case.
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