Small Claims Courts

Step 1: Contact the other party

Contact the opposing party (the person against whom you’re instituting legal proceedings) in person, in writing or telephonically and request them to settle your claim.

Step 2: Write a letter of demand

If the opposing party doesn’t satisfy your claim, send them a written demand setting out the facts on which you base the claim and the amount you’re seeking.

Deliver the written demand by hand or registered post to the opposing party. Give the opposing party 14 days from the time they receive your letter to settle your claim. 

Step 3: Go to the clerk of the court

After 14 days report to the clerk of the court with the following documents:

• Proof that the written demand was delivered, such as a Post Office slip.
• Any contract, document or other proof upon which your claim is based or that’s related to it.
• The full name and address (home and business addresses, if available) and telephone number of the opposing party. 

​Step 4: A summons is sent to the opposing party

The clerk of the court will examine your documents and help you draw up the summons.  The clerk of the court will issue the summons and hand it to you to hand to the opposing party or the sheriff of the court.  The clerk of the court will also inform you of the date and time the case will be heard in court.

Step 5: The hearing

• You must appear in court in person.
• Bring along all the relevant documents on which your claim is based with you.
• Ensure that you have written proof that the summons was served on the opposing party.
• The court procedures are informal and simple.
• The commissioner of the court will ask you to state your case.
• State the facts as concisely as possible.
• Answer the questions of the commissioner and submit the documents upon which your claim is based.

Step 6: After judgment has been given

If the judgment is given in your favour, the person must pay the money immediately and will be issued a receipt. If they’re not able to pay, the court will investigate their financial position and determine a payment plan.

If the person doesn’t settle the dispute as agreed, the matter will be referred to the magistrate’s court.

Abide by the decision of the court.

Important notice:

If you intend to institute a claim in the Small Claims Courts, ensure that the opposing party can compensate you should the judgment be in your favour. It is pointless to institute a claim against another person who is unemployed and who possesses no property.

Matters that can be taken to the Small Claims Court

You can go to the Small Claims Court for the following matters:

• To reclaim money that you’ve loaned someone.
• If someone has bought goods or received a service from you and they have failed to pay for it.
• If a tenant is not paying rent to you.
• To enforce a claim based on a legal document.
• To claim damages, such as damages caused during a car accident, if you have proof that the other person is at fault.

What matters are excluded from the jurisdiction of the Small Claims Court:

• Claims higher than R 20 000 in value.
• Claims against the State (including the municipality/local government).
• Claims based on the cession or the transfer of rights.
• Claims for damages in respect of defamation, malicious prosecution, wrongful imprisonment, wrongful arrest, seduction, and breach of promise to marry.
• Claims for the dissolution of a marriage.
• Claims concerning the validity of a will.
• Claims concerning the status of a person in respect of their mental capacity.
• Claims that go against the judgment or order of a court.

For more information, please contact:

• Department of Justice and Constitutional Development 
• The Small Claims Court nearest to you.