If you have a civil claim of less than R 20 000.00 against someone, the Small Claims Court (“SCC”) may have jurisdiction to hear the matter. The SCC is a quick and cost-effective way to resolve certain disputes.
STEPS IN PROCEEDING WITH A CLAIM
- Attempt to contact the debtor and request payment.
- It the debtor fails to make payment, determine which court has jurisdiction to hear the matter. A court will have jurisdiction to hear the matter if:
- the debtor is a person, the debtor lives, is employed or carries on business within the area of the court;
- the debtor is a business, the debtor has a business premises within the area of the court;
- proceedings are incidental to proceedings in that court, for example, in the event of a counterclaim;
- the cause of action (the facts which give rise to the claim) arose in the area of the court;
- the debtor does not object to the jurisdiction of the court;
- there is a dispute is related to immovable property and that property is within the area of the court.
- Attend the court with jurisdiction and locate the clerk’s office. The clerk will assist you with a letter of demand. The letter will demand payment within fourteen days of receipt. The letter should be sent by registered post to the address of the debtor. Keep the registered post slip.
- If the debtor does not make payment after receiving the letter of demand, return to the court. Take the registered post slip and any agreements, invoices or proof of your claim with you. The clerk will assist with completing and issuing the summons and set a date for the hearing.
- Deliver the summons to the debtor at least ten court days before the hearing. You may do this personally or request the sheriff to do so. The sheriff will charge a fee to assist with serving the document. Obtain proof that the document was delivered.
- Attend court on the scheduled date to present your case to the commissioner. The commissioner will hear both sides of the story and consider any evidence, including documents and witness testimony. The commissioner will make a decision in the matter.
- If the commissioner’s decision is in your favour and the debtor does not pay in accordance with the judgment, then you may return to court and ask the clerk to issue a warrant of execution. The warrant must then be taken to the sheriff, who will attach property of the debtor to sell in order to satisfy the claim. Instead of issuing a writ, you can also proceed to issue a notice to the debtor to appear before the court in order for the court to enquire into the debtor’s financial affairs and make an order, such as attaching a portion of the debtor’s salary until the judgment is satisfied.
