The Small Claims Court in South Africa is designed to handle relatively minor legal disputes in a more informal and accessible manner.

It’s important to note that there are limitations on the amount that can be claimed in the Small Claims Court, and the process is intended to be simpler and more accessible compared to formal court procedures.

The Small Claims Court steps are explained here:

Step 1: Contact the other party to inform them you are intending on proceeding with legal action and they must settle. This is done either in writing or telephonically.

Step 2: Draft a letter of demand stipulating the amount which must be paid in 14 days from the day the letter has been delivered by cash.

Step 3: After 14 days of non compliance report to clerk with the following documents.

• Proof of delivery for letter of demand e.g post slip, picture of the opposing party receiving it etc.
• Contract or any proof of the right to said claim
• Full name, telephone number and home address (and business address if available) of opposing party

Step 4: Summons sent to opposing party

Step 5: The hearing:

• Appear in court with relevant documents needed to substantiate your claim, include proof of summons service
• Case facts must be stated for commissioner
• Answer commissioners questions if there are any

Step 6: Judgement

• After investigation into financial position of the other party, a judgement is made. If the judgement is favourable, then the other party must pay the full amount immediately unless otherwise agreed upon by the parties involved. Failure to comply with the ruling will result in the matter being referred to the Magistrate’s Court

Contact us if you have a matter that you wish to resolve in the Small Claims Court.

It’s crucial to follow each step carefully and provide all necessary documentation to support your claim.