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Assuming that you have tried other ways of getting your money back ( even as simple as calling and asking for your money), you may approach a Small Claims Court (SCC) to claim your debt. As provided in the name, this court is specifically for small claims which do not exceed fifteen thousand rand (15 000 rand).

This small claims system is regulated by the Small Claims Court Act of 1984 which you can get by clicking here.

What type of claim can I take to the SCC?

You can take any claim ranging from money owed to you for a failed transaction by a business, damages to property or money owed by friend, neighbour or tenant who is refusing to pay.

What type of claim can I not take to the SCC?

You cannot take the following claims to the SCC:

  • claims exceeding R15000
  • claims that call for a cancellation of marriage
  • claims that attempt to challenge government or a local municipality
  • claims that go against a judgement or court order
  • claims that question the validity of a Will

Where do I start?

Step 1: Contact the person who owes you money and ask them to pay the debt.

Step 2: Send the person a Letter of Demand stating how much is owed to you. It is advised to use registered mail so you can prove that the letter was sent. You may give the person 14 days to pay you back.

Step 3: If you have not received your payment in 14 days , you may report to the clerk of the SCC with the letter of demand, proof that you sent the letter and the person’s contact information. If the Clerk of Court is satisfied with your claim, the clerk will assist you in drawing up a summons  which you will deliver to the person who owes you the money. You will also be given a court date.

Step 4: When you serve the summons, letter of demand and return of service to the person, make sure the person signs for the document. You must then make copies of the summons, letter of demand and return of service.  You must then return the original summons and return of service to the clerk of the SCC before the court date.

Step 5: Before the hearing, prepare all your documents and possible witnesses who can help you with your claim. You will then appear before a Commissioner (not a Magistrate or a Judge) and state your claim.

Do I need a lawyer?

No. You are not allowed to bring a lawyer into the SCC but you are allowed to ask for legal advice beforehand. Bear in mind that the SCC was established to make the legal process less complicated and less expensive. The process is simple enough for you to not need a lawyer.

After hearing both sides, the Commissioner may allow you to ask the opposing party questions.  You must listen carefully and highlight what is incorrect to the Commissioner.

Will I get my money back immediately?

Unfortunately, if the person does not have the money to pay immediately, you may have to wait for about 10 days. If the payment has not been made, you may go back to the SCC and make a report. Your matter will then be referred to the Magistrates’ Court.

Also keep in mind that it is may be fruitless to bring a claim against an unemployed person with no property that can be attached.

 

Please leave any further questions down below.
We hope this has been as useful as it is simple.

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