Prepare Small Claims Court Documents Online

Get the documents and guidance you need for all your small claims—right at your fingertips, anywhere in South Africa.

Easily create legally compliant letters of demand and summons.

Save time, avoid costly mistakes, and start your claim today.

Start Your Claim Defend Resources
---
Documents Drafted
4.5/5
Average Rating

What is the Small Claims Court?

The Small Claims Court (SCC) in South Africa is a streamlined judicial forum designed to resolve minor civil disputes (up to R20,000) quickly, affordably, and without legal representation. Established under the Small Claims Courts Act 61 of 1984, its core mission is to democratize access to justice for ordinary citizens and small businesses. This forum offers a simplified process that allows individuals to resolve disputes without the complexities and high costs associated with traditional litigation.

Brief History of the Small Claims Court

South Africa's Small Claims Court originated from the 1982 recommendations of the Hoexter Commission, which identified a critical need for an informal, low-cost way to resolve minor civil disputes. Modeled on arbitration principles, the system empowered commissioners to use relaxed evidence rules and inquisitorial procedures. This led to the enactment of the Small Claims Courts Act of 1984, creating a platform where individuals and small businesses could settle claims under R20,000 without the need for lawyers.

Over the years, the court has evolved—incorporating digital tools and modernized procedures—to better serve its purpose. Today, thousands of cases are resolved annually, proving its efficiency in delivering swift and fair justice.

How It Works in South Africa

  • No Attorneys Allowed – Both parties represent themselves, making legal costs minimal.
  • Case Types – The court handles disputes involving debts, contracts, property damage, and minor accidents.
  • Exclusions – Cases against government entities or complex legal matters are not heard.

The process is designed to be user-friendly. Claimants fill out guided forms that help prepare all necessary documents. Court clerks are available to assist with paperwork, ensuring that even those with little legal knowledge can navigate the system effectively. Thanks to recent updates, many cases are resolved within weeks.

Why Use the Small Claims Court?

  • Cost-Effective: No legal fees – only minimal administrative costs.
  • Swift Resolution: Most cases are settled in months, not years, reducing time and stress.
  • Accessible: The system is designed for everyday citizens, with court clerks on hand to help with the process.
  • Enforceable Judgments: Court orders include mechanisms for enforcing payment plans for non-compliant defendants.

The SCC is a valuable resource for anyone seeking a quick, affordable solution to minor disputes. Its streamlined process not only saves money but also reduces the emotional toll of prolonged legal battles.

Who Can File a Claim & What Can Be Claimed in the Small Claims Court?

The Small Claims Court offers a fast and affordable way for individuals and sole proprietors to resolve minor disputes up to R20,000. Whether you’re initiating a claim or defending one, our platform provides clear guidance and user-friendly tools to help you navigate the process with confidence. Learn below who is eligible, what types of claims are covered, and how to begin your case.

What Can Be Claimed

The Small Claims Court covers a wide range of monetary disputes under R20,000. Below is the full text from Section 15 of the Small Claims Courts Act (Jurisdiction in respect of causes of action), with brief notes on each subsection.

Section 15 Introduction

Plain-language summary: The Court can hear various claims under R20,000, including property delivery, ejectment, claims on credit agreements, and more. Read each subsection below for details.

Subject to the provisions of this Act, a court shall have jurisdiction in respect of causes of action in— — Section 15 (intro), Small Claims Courts Act 61 of 1984

Section 15(a)

Meaning: You can claim delivery or transfer of property (movable or immovable) valued at under R20,000.

(a) actions for the delivery or transfer of any property, movable or immovable, not exceeding in value the amount determined by the Minister from time to time by notice in the Gazette; — Section 15(a)

Section 15(b)

Meaning: Landlords or property owners can seek an ejectment order against an occupier if the premises’ value (to the occupier) is under R20,000.

(b) actions for ejectment against the occupier of any premises or land within the area of jurisdiction of the court: Provided that where the right of occupation of the premises or land is in dispute between the parties, that right does not exceed in clear value to the occupier the amount determined by the Minister from time to time by notice in the Gazette; — Section 15(b)

Section 15(c)

Meaning: Claims based on or arising out of a liquid document (e.g., a signed acknowledgment of debt) or a mortgage bond are allowed if the claim is under R20,000.

(c) actions based on or arising out of a liquid document or a mortgage bond, where the claim does not exceed the amount determined by the Minister from time to time by notice in the Gazette; — Section 15(c)

Section 15(d)

Meaning: Disputes arising out of a credit agreement, as long as the claim or property value does not exceed R20,000, can be heard.

(d) actions based on or arising out of a credit agreement, as defined in section 1 of the National Credit Act, 2005, where the claim or value of the property in dispute does not exceed the amount determined by the Minister from time to time by notice in the Gazette; — Section 15(d)

Section 15(e)

Meaning: Any other type of claim or dispute not specifically mentioned above, provided the claim is under R20,000.

(e) actions other than those already mentioned in this section, where the claim or the value of the matter in dispute does not exceed the amount determined by the Minister from time to time by notice in the Gazette; — Section 15(e)

Section 15(f)

Meaning: Counterclaims under R20,000 are also permitted, as long as they relate to the same cause of action outlined in the earlier paragraphs.

(f) actions for counterclaims not exceeding the amount determined by the Minister from time to time by notice in the Gazette, in respect of any cause of action mentioned in paragraphs (a) to (e). — Section 15(f)

Where to File Your Claim

Each Small Claims Court has jurisdiction based on Section 14 of the Small Claims Courts Act (Jurisdiction in respect of persons). Below is the full text, along with plain-language commentary.

Section 14(1) Introduction

Plain-language summary: A Small Claims Court can hear a case against a defendant who lives, works, or has business within its area, or if the cause of action arose entirely in that area.

(1) Subject to the provisions of subsection (2), a court shall have jurisdiction in respect of— — Section 14(1)

Section 14(1)(a) – (f)

Meaning: The subsections (a) to (f) detail exactly who can be sued and under what circumstances the court has jurisdiction. Read each point carefully.

(a) any person who resides, carries on business or is employed within the area of jurisdiction of the court;
(b) any partnership, as defendant, which has business premises situated or any member of which resides within the area of jurisdiction of the court;
(c) any person in respect of any proceedings incidental to any action instituted in that court by such person;
(d) any person, whether or not he resides, carries on business or is employed within the area of jurisdiction of the court, if the cause of action arose wholly within that area;
(e) any defendant, whether in convention or reconvention, who appears and takes no objection to the jurisdiction of the court;
(f) any person who owns immovable property within the area of jurisdiction of the court in actions in respect of such property or a mortgage bond thereon. — Section 14(1)(a)-(f)

Further Subsections of Section 14

Plain-language summary: No claims against the State can be heard in a Small Claims Court, and certain claims involving cessions or assignments of rights are also excluded.

(2) No action shall be instituted against the State in a court.
(3) (Deleted)
(4) A court shall not have jurisdiction in respect of any claim or counterclaim based in whole or in part upon a cession or assignment of rights. — Section 14(2)-(4)

Practical Example: If the defendant lives in Pretoria, file in the Pretoria Small Claims Court. If you entered into a contract in Johannesburg, you may file there, etc.

Unsure which court has jurisdiction? Use this tool to find the nearest Small Claims Court.

What is the Small Claims Court Process?

Handling a small claims dispute in South Africa typically involves these key steps. Explore each step briefly below, then click through for detailed guidance and document creation tools.

Step 1: Create Your Letter of Demand

Draft a clear, concise letter explaining your dispute, what resolution you want, and a deadline for the other party to respond.

Create my Letter of Demand

Step 4: Create Your Summons

If there's no satisfactory response, prepare a summons outlining your claim and attaching the necessary forms and evidence.

Create my Summons

Step 5: Issue Your Summons at Court

Take your completed summons to the appropriate Small Claims Court to be officially stamped and assigned a hearing date.

Learn More About Issuing Your Summons

See Your Small Claims Documents Before You Begin

Our platform generates fully compliant Letters of Demand, Summons, and Particulars of Claim—everything you need to kickstart or defend a case in South Africa’s Small Claims Court.

Preview what your finalized documents will look like. Then, easily customize, download, or email them for instant use.

  • Compliant with Small Claims Court requirements
  • Fully customizable to your unique case
  • Ready to download, print, or send instantly
Start Drafting Your Document
Letter of Demand Sample

Letter of Demand

Create Your Small Claims Documents in 4 Easy Steps

Whether you need a Letter of Demand or a Summons, our guided online platform helps you produce the correct paperwork—no legal jargon required.

Select Claim Type for Small Claims in South Africa

1. Choose Your Claim Type

Pick the category that matches your dispute. Our system ensures you get the right forms for the Small Claims Court in South Africa.

Enter Claim Details for Small Claims Court in South Africa

2. Enter Your Details

Provide essential information, such as the claim amount, defendant details, and dispute nature. We’ll auto-generate a draft aligned with local legal requirements.

Customize Document Content for Small Claims

3. Customize & Review

Tailor any part of the document—names, amounts, or specific wording—so it perfectly reflects your case. Preview everything before finalising.

Download Document for Small Claims Court South Africa

4. Download & Proceed

Download your print-ready Letter of Demand or Summons. Simply sign and serve to advance your small claims dispute with confidence.

Start Your Claim Now

Essential Small Claims Court Resources

We’ve gathered the most important references, forms, and official guidelines to help you navigate your small claims case confidently in South Africa.

Small Claims Court Act

Review the foundational legislation that outlines the powers and procedures of the Small Claims Court in South Africa.

View Act

Court Rules

Familiarize yourself with the official rules and protocols for filing and defending a small claims case—deadlines, court etiquette, and more.

View Rules

Official Forms

Download the prescribed forms needed to initiate or respond to a claim in the South African Small Claims Court.

Download Forms

Find an Attorney

Need extra guidance? Discover vetted attorneys experienced in small claims disputes who can provide personalized assistance.

Find an Attorney