• Richards Bay
  • Empangeni
  • Mtubatuba
  • Hluhluwe
  • Mtunzini

HOW DO YOU GET YOUR MONEY BACK IN THE SMALL CLAIMS COURT?

30 September 2021 Expert Advice from Team Duvenage Inc.

HOW DO YOU GET YOUR MONEY BACK IN THE SMALL CLAIMS COURT? 


The small claims court hears cases between two parties without the need for time-consuming and costly lawsuits. You do not need a lawyer to represent you. But this does not mean that you should not adequately prepare for your case beforehand. 


WHAT STEPS SHOULD YOU FOLLOW BEFORE GOING TO COURT? 

1. You should ensure that the person you taking to court has the money to pay you back or if they own any assets or property. 

2. Request the person you are having a dispute with settle your claim in writing. If, however, you receive no response from them, then send them a letter of demand. 


WHAT IS A LETTER OF DEMAND? 

 A letter of demand contains all of the facts of the case, the amount you are claiming and the reasons for your claim. 


IF YOUR CLAIM HAS NOT BEEN SETTLED IN 14 DAYS, WHAT CAN YOU DO? 

You can approach the Clerk of the Small Claims Court with the following information/details: 

1. The person’s name and contact details; 

2. The Letter of Demand; 

3. The contract/agreement which proves the claim; 

4. Prove that the letter of demand was given to the said person; 

5. A summons is prepared and served on the opposing party or given to you to serve on the opposing party; 

6. When you appear at court on the day of the hearing, you must provide proof to Court that the summons was served on the opposing party; 

7. On the day of the hearing, you will be asked to tell the Court your version of events. The Commissioner of the Small Claims Court may also ask you questions, which you will need to answer; 

8. If the Commissioner rules in your favour then the opposing party is required to pay what is owed to you within 10 days. If the opposing party fails to do so, then the Court will investigate his/her financial situation and determine a payment plan. 


 WHAT IF THE OPPOSING FAILS TO MAKE PAYMENT AGAIN? 

The matter will then be referred to the Magistrate Court. 

SMALL CLAIMS COURT What kind of matters are being dealt with by the Small Claims Court 

What kind of matters are not dealt with by the Small Claims Court? 


1. Claiming for a transaction that remains unpaid e.g. goods purchased, the goods may not be over the value of R20,000. 


1. Higher than R20,000. 


Repayment of money that you can prove is owed to you. 


2. Any claims concerning a Will. 


3. If you own a business that lends out money - but an individual is not honouring his/her credit agreement. 


3. Claims for wrongful arrest, damages, defamation, breach of promise to marry. Malicious prosecution, wrongful imprisonment. 


4. Claiming for damages from a vehicle accident; you must prove that the other driver was at default. 


4. Claims for dissolution of marriage. Or any claims against the Municipality or the state. 


For more information, kindly contact Duvenage Attorneys. Our legal team will assist you with the drafting and sending of a letter of demand to someone that owes you money, in order to recover the money owed to you. We will also advise you on the best option to settle your dispute at the Small Claims Court.