Write a clear letter explaining your issue, how you'd like it resolved, and a reasonable deadline for response. This letter is important, so make sure it's clear and error-free.
Create my Letter of DemandAfter preparing your letter, it's essential to deliver it to the other party. You can deliver it to them personally, via registered post, a sheriff, or via a representative such as an attorney. Remember to keep a copy of the letter and proof of delivery.
Learn MoreGive the other party 14 days to reply to your letter from the date your letter was received. This waiting period is required by law and gives the other party a chance to offer a solution outside of court to comply with your demand.
Learn MoreThe next step is to put together a summons, which consists of certain forms and a clear explanation of your claim and supporting evidence. It's like setting out your story so the court knows why you're there and why it should grant the order you want.
Create my SummonsTake your summons to the court which by law may preside over your specific matter. If you're not sure which court to go to, ask for help at the nearest Small Claims Court or seek advice from an attorney. At the court, they'll officially stamp your summons and let you know the date of your hearing.
Learn MoreLet the other party know about your claim and the court date by giving them a copy of your summons. You can do this yourself or use a sheriff for official delivery. Remember to keep the original and any proof that they received it.
Learn MoreCongratulations on instituting your claim! The next step is to attend your court hearing. Be sure to arrive on time and dressed appropriately. Bring all relevant documents with you. In the courtroom, present your case clearly, listen carefully to any questions, and respond in a calm manner.
Learn MoreLearn who can file, what claims are eligible, and where you can submit your claim.
Individuals and sole proprietors are eligible to file claims in the Small Claims Court, with certain limitations, for example, claims against the State cannot be instituted in this Court. Additionally, it's important to know that you are not allowed to be represented in Court. This system is designed to simplify and expedite the process, ensuring a quick resolution. While you must appear in Court personally, you're allowed to bring someone along for moral support. For example, if you're a freelance graphic designer and haven't been paid for your services, you can institute a claim to recover your fees. Thereafter, you, possibly accompanied by someone for support, must then appear in Court personally.
Get StartedAt the Small Claims Court, you can institute claims for a value amount of up to R20,000.00 for the following: Payment for services you provided but haven't been paid for; Issues with credit agreements where terms were not followed; Claims for damages where your property was harmed such as car accidents; Claims based on liquid documents, mortgage bonds, or credit agreements; Any other actions where the claim or dispute value is within the limit. These types of claims are at the heart of what the court deals with, offering a simpler way to seek justice. To learn more, you can view Sections 14 and 15 of the Small Claims Court Act:
View ActChoosing the right Small Claims Court involves understanding jurisdiction, which depends on where the cause of action (the elements of your claim) arose or where the other party involved resides, works, or conduct business. For example, if you're suing someone residing in Brits, your claim may be instituted in the Brits Small Claims Court. Or for a contract breach, the court covering the area where the contract was signed and performed will have jurisdiction. Since determining jurisdiction can be complex, it's recommended to contact your nearest Small Claims Court for guidance. This ensures your claim is filed correctly and efficiently.
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