Question 1

What is the maximum amount I can claim?

Accepted Answer

The Small Claims Court handles disputes up to R20,000. If your claim is more than R20,000, you need to go to the Magistrate's Court instead, which usually requires a lawyer. You cannot split a larger claim into smaller parts to fit the limit.

Question 2

Do I need a lawyer?

Accepted Answer

No. In fact, lawyers are NOT allowed in the Small Claims Court. You represent yourself. The commissioner (like a judge) will help guide the process. This makes it free and accessible to everyone.

Question 3

What do I need to send a Letter of Demand?

Accepted Answer

You need: the person's full name and address, a clear description of what they owe you, the amount, and a deadline to pay (usually 14 days). Send it by registered mail or email with read receipt. Keep proof that you sent it.

Question 4

How long does the process take?

Accepted Answer

After sending your Letter of Demand, wait 14 days. If they don't pay, file at your local Small Claims Court. You'll get a court date within 4-8 weeks. The hearing itself usually takes 30-60 minutes. The commissioner makes a decision on the same day.

Question 5

What if they don't pay after the court order?

Accepted Answer

If the court rules in your favour and they still don't pay, you can apply for a warrant of execution. The sheriff of the court can then seize their property or attach their salary to recover the money owed to you.

Question 6

What types of cases can I bring?

Accepted Answer

Common cases include: unpaid rent, damage to property, faulty goods or services, unpaid loans between friends/family, deposit disputes, and breach of contract. You cannot claim for defamation, divorce matters, or amounts over R20,000.

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Related Guides

How the Small Claims Court Works in South Africa

How to Write a Letter of Demand

What You Can and Can't Claim in Small Claims Court

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