Legal fees can be expensive, especially if you want to sue someone for a relatively small amount of money. But the good news is, you don’t always need a lawyer to take legal action. If your claim is R20,000 or less, you can go to the Small Claims Court, and it won’t cost you a cent in legal fees.

What Is the Small Claims Court?

The Small Claims Court is a court designed for people to resolve disputes quickly, easily, and without a lawyer. It’s meant for civil cases involving amounts of R20,000 or less.

You do not need legal representation in fact, lawyers are not allowed to represent you in Small Claims Court. This helps keep things fair and affordable.

When Can You Use It?

You can use the Small Claims Court for:

·         Money someone owes you (e.g., unpaid loan, rent, or invoice)

·         Damaged property (e.g., a car accident or broken item)

·         Breach of a contract (e.g., someone didn’t deliver what they promised)

·         Refunds for faulty goods or services

Here is a step-by-step on how to approach the Small Claims Court

1. Go to your local small claims court and take a copy of your ID, the name and address of Defendant and any supporting documents to support your claim, such as receipts, contracts, photos, WhatsApp messages, etc. The clerk of the court will help you fill out the forms —at no cost.

A letter of demand will first be sent out in which the Defendant will have 14 days to pay or perform in terms of the claim. If no response after 14 days is received, then return to the Small Claims clerk for further assistance.

2. The court will then issue a summons, which the sheriff of the court delivers to the person you’re suing. This lets them know the date and time of the hearing. There might be a small sheriff’s fee to pay for the service at the Sheriff’s office.

3. On the court date, you’ll appear before a commissioner (like a judge). You and the other party will each get a chance to explain your side. Bring all your evidence and any witnesses. The Commissioner will make a decision —often right there and then.

4. If You Win, They Must Pay. If the court rules in your favour, the person must pay you and also the fee you paid at the Sheriff. If they don’t, you can go to the Magistrate’s Court to enforce the order/judgment (e.g., by attaching their property or taking further legal steps to collect the money).

Why Use Small Claims Court?

No lawyer is needed, it is a fast and simple process, there are little or no cost involved and you get support from the court clerk.

Don’t let high legal fees stop you from standing up for your rights. The Small Claims Court is there to help resolve disputes.