Small Claims Court South Africa

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Here are examples of the documents you can create with our service:

Letter of Demand

Summons and Particulars of Claim

Statement of Defence

Sample Demand Document

How does it Work?

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Can I Claim?

Learn who can file, what claims are eligible, and where you can submit your claim.

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Who Can 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.

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What Can Be Claimed

At 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:

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Where to Claim

Choosing 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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