LEGAL TALK
Smalls claims court. Act 61 0f 1984
Matters that can be taken to the Smalls Claims Court
- Repayments of monies lent
- Claiming for goods that are due to you.
- Claiming for damages
- Monies owed to you.
- Enforcing a claim based on a legal document.
- Claims based on credit agreements.
Claims that are excluded from the Small Claims Court, you cannot bring forward claims. that
- Go against a judgment or order of the ccourt
- Are more than R20,000
- Are against the State, Local Municipality or Local Government.
- Are for the official cancelation of Marriage
- Concerns the validity of a will
- Claims against the Status of a person.
- Claims in which performance in accordance with a contract is sought, except in a case of a claim for transferring moveable/immovable property.
- Claims based on accessional transfer of rights.
- Claims for damages in respect of defamation, malicious prosecution, seduction and breach of promise to marry.
Steps to follow.
- Contact the person with whom you have a dispute in person, in writing, or telephonically and ask them to settle the claim.
- A letter of demand is drafted and sent to the Defendant by registered mail. the debtor is given 14 (Fourteen to 21 (Twenty-one) days to pay the amount demanded.in the letter of demand.
- GO TO THE CLERK OF THE COURT if no payment is received within the time limit.
- If the person owing you the money did not pay the claim within 14 days, go to the Smalls Court with
- A copy of the letter of demand
- Any contract or agreement between you and the person which proves the claim.
- A post slip or any other document that proves that the letter of demand was handed the person.
- The person’s contact details.
The Process
The Clerk of the Small Claims Court will then issue summons and the sherif of the Magistrates Court will serve the summons on the defendant. The summons will instruct the defendant to appear in the Small Claims Court on a certain day to contest the action
The Court is usually held after normal court hours and the presiding officer is usually a practising Advocate, attorney or legal academic who acts as the commissioner free of charge.