What you need to know about the small claims court
Someone owes you money but you’re battling to get it back. You have recourse – find out more here
IF PEOPLE owe you money that’s not enough to warrant a big legal suit, you might want to consider taking your case to the small claims court. Here’s what you need to know. Legal action is usually quite expensive but this court procedure is free and you don’t need a lawyer to represent you. The court was created to sort out smaller legal problems quickly and cheaply so people don’t have to pay lawyers’ expensive fees.
You can seek legal advice beforehand, of course, but that lawyer won’t be allowed to represent you – you do this yourself. How? Find out where your local small claims court is at justice.gov.za. Send a letter of demand, for example to the person who owes you money. It should have their official details, including their full names. You have to stipulate in the letter what the amount of your claim is and it must be delivered in person or by registered post. On receipt of the letter the person has 14 days to pay the claim. Give them a receipt immediately if they pay you. But if the person doesn’t settle your claim within 14 days you should approach the The clerk of the court compiles a summons to order the person to appear in court on a specific date.
The summons can be delivered either by you or the sheriff of the court. If you deliver it, you have to supply proof of delivery at the court hearing. This can become tricky if the person doesn’t want to sign any documents confirming they’ve received the summons.
It might be worth paying a sheriff to do it. Sheriffs’ fees are regulated and depend on, among other things, how far they have to travel to deliver the summons. The fees are available on the website sheriffs.org.za. The clerk will notify you of the date and time your matter will be heard and you must be present at the hearing. Small claims court proceedings are informal and not complicated. If you have any witnesses they must be present. You’ll be asked to tell your story and respond to questions from the commissioner of the court.
State the facts as concisely as possible and submit any documentary proof of your claim. Listen carefully to the other party’s evidence and point out to the commissioner if you think any of it is incorrect. Much in the same way higher courts do, the court will consider both sides and deliver a judgment. If it’s in your favour, the other party must immediately pay you. If they’re unable to pay, the court will consider their financial position and draw up a payment plan. If the person doesn’t pay accordingly, the matter can be referred to a magistrate’s court for further action.