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What Kinds of Problems Can the Court Help With?

The Small Claims Court is mainly for sorting out money-related issues or getting property back, as long as the amount involved is R20,000 or less. Think of things like:

• Getting back property: If someone has your belongings (movable stuff like furniture, tools, or even a car) or owes you property (like delivering goods you paid for) worth up to R20,000, the court can order them to return it or hand it over.
  (Based on Section 15(a) of the Small Claims Courts Act)
• Evicting someone (Ejectment): If you need to remove someone occupying your property (like a tenant who hasn't paid rent), you can use the court, but *only if* their right to be there isn't worth more than R20,000 to them.
  (Based on Section 15(b))
• Claims based on written proof: If you have clear written proof of debt or a simple claim on a mortgage bond under R20,000, the court can handle it.
  (Based on Section 15(c))
• Credit agreement issues: Problems arising from credit agreements (like loans or instalment sales) can be brought here, provided the claim or the value of the goods is R20,000 or less.
  (Based on Section 15(d), referring to the National Credit Act)
• Other money disputes: Most other general claims where someone owes you money up to R20,000 (like unpaid invoices, damages caused, or services not rendered properly) fall under this category.
  (Based on Section 15(e))
• Counterclaims: If someone is claiming against *you* in Small Claims Court, you can also make your own claim back against them (a counterclaim) in the same case, as long as it's under R20,000 and related to the types of issues above.
  (Based on Section 15(f))

Want to read the exact legal wording? You can find the full text here: Section 15, Small Claims Courts Act 61 of 1984 .

Okay, But *Which* Court Do You Use?

You can't just file in any Small Claims Court; you need to use the one that has the authority - called 'jurisdiction' - over your specific case. Usually, this depends on where the person you're claiming against (the defendant) is, or where the issue happened. Here's a breakdown based on the rules (found in Section 14 of the Act):

You generally file at the court covering the area where the defendant:

• Lives
• Works
• Runs their business

Other possibilities include filing where:

• A partnership you're claiming against has its business premises, or where one of the partners lives.
• The *entire* reason for your claim happened (even if the defendant isn't based there). For example, if a contract was signed and supposed to be performed entirely within that court's area.
• The defendant owns immovable property, if your claim is directly about that property or a mortgage bond on it.
• The defendant shows up to court and doesn't argue about the location being wrong.
• You're filing a counterclaim in a case someone else already started against you in that court.

Important Notes on Where to File:

• You cannot use the Small Claims Court to sue the State (government departments).
• Claims based on 'ceded' or 'assigned' rights (this often applies to debt collectors who have bought debt from someone else) are generally not allowed.

For the precise legal details on jurisdiction, check out: Section 14, Small Claims Courts Act 61 of 1984 .

Think of it like this: If the person you need to claim from lives or works in Pretoria, you'd likely file at the Pretoria Small Claims Court. If the whole issue (like a car accident or a faulty service) happened entirely in Cape Town, you might file there instead.

Still fuzzy on the right location? No worries! The Department of Justice has a handy tool: Find your nearest Small Claims Court here.