Often we hear people complaining of how they were wronged but they abandoned the idea of instituting legal action as the legal costs to be incurred would not be worth the exercise. This does not need to be so.
The Small Claims Court is a free, expedient process that allows individuals to resolve disputes without engaging the services of lawyers.
Minors assisted by their guardians and anyone over the age of 18 can issue summons where the claim does not exceed R15 000. If you claim is over R15000 you may choose to forsake the amount exceeding R15000. Claims can be for the repayment of a loan, arrear rental, debts, delivery of goods and the like. However one cannot litigate in the small claims court for defamation, anything against the State, for seduction, breach of promise to marry, divorces, claim for performance of a promised act without the alternative of a monetary claim resulting if the act is not performed, criminal, unfair dismissals and insolvency claims.
Firstly one should deliver a letter of demand by hand or registered post to the defaulting person, giving him 14 days within which to satisfy the claim. If he does not co-operate then approach your nearest small claims court together with documentary proof of the claim and the delivery of the demand as well as the details of the Defendant. The clerk will complete the summons and provide a date for the hearing. The summons is then served on the Defendant.
The Defendant may then settle the claim or defend the matter. Ensure you have proof of your claim and your witnesses (if any) in court on the day of the hearing. Court proceedings are simple and informal. Do not stress. You will have an opportunity to present your case and the Defendant can respond. The Commissioner will ask questions and make a decision.