The 14-day waiting period serves as a final opportunity for the defendant to settle the matter out of court. It encourages dispute resolution without court intervention, saving time and resources for both parties.
This period is mandated by law to ensure fair practice and to give the defendant sufficient time to respond or make amends.
The requirement for the 14-day waiting period is outlined in Section 29 of the Small Claims Courts Act:
Section 29 - Institution of Actions
(1) (a) The plaintiff shall deliver a summons as prescribed personally or through his authorized representative to the clerk of the court, together with a copy of a written demand which was on a prior occasion delivered to the defendant by hand or by registered post and in which the defendant was, notwithstanding anything to the contrary in any law contained, allowed at least 14 days, calculated from the date of receipt of that demand by the defendant, to satisfy the plaintiff’s claim.
In simple terms: Before you can file a summons, you must have delivered a written demand to the defendant, allowing them at least 14 days to fulfill your claim.
For a detailed explanation, visit our Small Claims Resources page.
Select the method of service you used and take our quick quiz:
Completing an affidavit is necessary when you have personally served the letter. It provides a legal proof of delivery. Ensure the affidavit includes the date, time, and manner of deliver.
The "Return of Service" document from the sheriff is your proof that the document has been officially served. This document should detail the exact process of how the document was served to the defendant.
If an authorized representative served the document on your behalf, they must provide an affidavit confirming the service. This affidavit should detail their actions during the service process.
Retaining the slip from the registered post serves as proof of delivery. It should show a confirmation that the defendant received the document. Keep this slip safe as it might be required to prove service in court.