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Is the Small Claims Court a solution to get my
money?

Samantha Williams
August 2018

“I’m currently self-employed and do handyman jobs to put bread on the table.
I recently did some repair work for a client for just over R10,000, but the client
has still not paid me and refuses to answers my calls. I can’t afford an attorney
but have heard that I can go to the Small Claims Court myself. How does the
Small Claims Court work?”

Small Claims Courts are present in many centres around the country. These
courts have been established to provide a faster, simpler and more affordable
opportunity to obtain justice and offer a quick and easy way of resolving
disputes that involve claims not exceeding R15 000.
You do not need a lawyer to represent you at a Small Claims Court as legal
representation is not allowed. This does not mean that you cannot obtain prior
legal advice from an attorney, but this will be at your own cost. There are also no
additional legal costs with officers of the Small Claims Court assisting you free
of charge.

Anyone, except juristic persons such as a company, close corporation or
association may institute a claim at the Small Claims Court. A minor must be
assisted by a parent or legal guardian. You can institute action for any claim
that is less than R15,000, but cannot institute a claim against the state or
municipality. If your claim exceeds R15,000 you can claim a lesser amount in
order to pursue the claim in the Small Claims Court. In your case, your claim
amount falls within the jurisdiction of the Small Claims Court.

To institute a claim you (“the claimant”) can either start by writing a letter of
demand to the person owning you money (“the defendant”), which should be
delivered by hand or sent by registered post, or you can approach the clerk of
Litigation be delivered by you or sent by registered post to the defendant. In the letter of
a Small Claims Court near you for assistance in drafting a letter of demand to
demand the defendant should be given 14 days to pay the amount claimed. If
the defendant does not pay the amount claimed within this time, you must then
approach the clerk of the court to issue a summons to the defendant to appear
in the Small Claims Court at a set date and time. You will need to provide the
clerk with the necessary details and documents that evidence your claim.
You can then serve the summons on the defendant either personally or through
a sheriff, although in the latter instance you will have to pay the sheriffs costs. The
defendant can upon receipt of the summons either pay the amount owing or
defend the claim and provide the clerk of the court with a statement setting out
his counterclaim before the date of the hearing.

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