(a) In case of a violation by a lessor of any provision of this chapter with respect to any lease-purchase agreement, the lessee may bring a suit in any court of competent jurisdiction to recover actual damages from the lessor, or may set off or counterclaim in any action by the lessor. If the court finds that any violation by the lessor has occurred, the court shall award to the lessee a minimum recovery of $250 or twenty-five per cent of the total cost to acquire ownership under the lease-purchase agreement, whichever is greater.

Terms Used In Hawaii Revised Statutes 481M-10

  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lessee: means a natural person who rents personal property under a lease-purchase agreement. See Hawaii Revised Statutes 481M-1
  • Lessor: means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement. See Hawaii Revised Statutes 481M-1
(b) The remedies specified in subsection (a) shall be in addition to any other remedies provided by law.
(c) In any action brought pursuant to this section, the court shall award the prevailing party the costs of the action and reasonable attorney fees.

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