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.

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What is the Small Claims Court?

Ever had a money disagreement under R20,000 and felt stuck because going to a regular court seemed too expensive and complicated? That's exactly why the Small Claims Court (SCC) exists in South Africa! Set up by the Small Claims Courts Act 61 of 1984, it's a special court designed to handle smaller civil cases quickly, affordably, and - importantly - *without* needing lawyers. Think of it as making justice accessible for everyday people and small businesses.

A Little Background (Why It's User-Friendly!)

Wondering why it's designed this way? Back in the early 80s, the Hoexter Commission realized many South Africans couldn't get justice for smaller issues because regular courts were too complex and costly. Their recommendations led to the Small Claims Courts Act of 1984, creating a court where: the rules are more relaxed, the process is less formal, and the commissioner (the person hearing the case) actively asks questions to understand the situation. This makes it much easier to navigate, even if you're not a legal expert!

The goal was simple: give ordinary people and businesses a fair, low-cost way to resolve disputes under R20,000 without needing lawyers. The court continues to adapt to better serve South Africans today.

How Does it Work Simply?

  • You're in Charge: Generally, no lawyers are allowed, meaning you represent yourself and keep costs right down.
  • Everyday Disputes: Perfect for sorting out unpaid debts, issues with goods or services you paid for, minor property damage, and similar disagreements (up to R20k!).
  • Know the Limits: It's not for every situation - complex legal matters, divorces, or claims against government departments usually go to other courts.

The whole process aims to be less intimidating. You'll use straightforward forms (like the ones our site helps you create!), and friendly court clerks are available to help you with procedural steps (though they can't give legal advice). Best of all? Most cases wrap up much faster than in regular courts.

Why Choose the Small Claims Court?

  • Save Money: Avoid potentially hefty legal fees - a huge plus!
  • Get it Sorted Faster: Cases often resolve in just weeks, not months or years.
  • Easy to Navigate: Designed specifically for regular people, not legal pros, with support available.
  • Decisions Stick: Judgments made by the court are official and legally enforceable.

If you're looking for a hassle-free way to settle a minor dispute, this is your ideal solution—saving you money, stress, and time.

Is Small Claims Court for You? What You Can Claim & Where to File

Got a dispute under R20,000 and wondering if the Small Claims Court can help? Chances are, it can! It's designed to be accessible for everyday disagreements. Let's break down what kinds of issues you can bring to the court and figure out *which* court is the right one for your situation.

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.

Your Step-by-Step Guide to the Small Claims Process

Feeling unsure about how the Small Claims Court actually works? Don't worry, we've broken it down into manageable steps. Follow along to understand the journey from starting your claim to presenting it in court. Our tools will help you with the paperwork at key stages!

Step 1: Create Your Letter of Demand

First things first, you need to officially tell the other person (the defendant) what the problem is and what you want them to do about it. Write a clear Letter of Demand giving them a deadline to sort things out.

Create my Letter of Demand

Step 2: Send Out Your Letter of Demand

Now, get that letter to the defendant. You can hand-deliver it or use registered post. *Crucially*, keep proof that they received it - you'll need this later!

Learn More About Delivering Your Letter

Step 3: Wait (Patiently!) for a Reply

Time for a bit of patience. The law requires you give the defendant 14 days (starting from when they received the letter) to respond or fix the issue. Hopefully, they do!

Learn More About the Waiting Period

Step 4: Prepare Your Court Summons

No luck with the Letter of Demand? Okay, the next step is preparing the official court document called a Summons. This formally details your claim for the court and includes your evidence.

Create my Summons

Step 5: Get Your Summons Issued by the Court

Head to the correct Small Claims Court with your completed Summons. The court clerk will check it, officially stamp ('issue') it, give you a case number, and usually set a date for the hearing.

Learn More About Issuing the Summons

Step 6: Serve the Summons on the Defendant

Now you need to formally 'serve' the stamped Summons on the defendant. This usually means using the Sheriff of the Court, but sometimes you can do it yourself (check the rules!). Again, proof of delivery is essential.

Learn More About Serving the Summons

Step 7: Prepare for Your Court Date

This is your day in court! Go prepared with all your documents (including proof of delivery for the letter and summons). Arrive early, take a deep breath, and clearly explain your side of the story to the Commissioner.

Learn More About Your Court Hearing

Okay, Now for the Paperwork... Let's Make it Easy!

Dealing with court documents can feel overwhelming, right? That's where we come in! Our easy-to-use online tool guides you step-by-step to create professional-looking Letters of Demand, Summons, or even Defence documents, properly formatted for the South African Small Claims Court. Please remember, we help with the *how-to* of document creation and provide information, but we don't offer specific legal advice for your situation. Let's see how simple it is:

Select Claim Type for Small Claims in South Africa

1. Tell Us What You Need

Just select the type of claim you're dealing with (like trying to get money back, asking for property, or responding to a claim someone else made). We'll automatically select the right template structure needed for the court.


Enter Claim Details for Small Claims Court in South Africa

2. Fill in the Details

Answer straightforward questions and fill in the key info - who's involved, relevant dates, amounts, and a basic description of what happened. Our tool then builds the document for you, putting everything in the right place.


Customize Document Content for Small Claims

3. Review and Adjust

Need to tweak the wording or add more specific details about your case? No problem! You can easily edit the draft until it accurately explains your situation. Double-check everything on the preview screen to make sure it's perfect.


Download Document for Small Claims Court South Africa

4. Download Your Document

Happy with it? Just hit download! You'll get a neat, print-ready PDF document. All that's left is for you to print, sign it, and follow the official steps to deliver ('serve') it as required for your Small Claims matter.

Start Creating Your Document Now

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

More Helpful Resources & Official Links

Knowledge is power! Here are some key official resources and links that can give you extra backup and clarity as you handle your Small Claims Court matter in South Africa.

The Small Claims Court Act

Want to see the official law that started it all? This is the Small Claims Courts Act itself - it sets out the court's powers and the basic legal rules for how it works.

View Act

The Court Rules

How do things actually work day-to-day? The Court Rules dive into the specific procedures, deadlines, what documents need, and even court etiquette. Good to know!

View Rules

Official Blank Forms

Looking for the blank, official templates? Here you can download the standard forms (like the Summons or Defence) directly, as used by the court.

Download Forms

Find an Attorney

Feeling stuck or need personalized legal advice for your specific situation? While lawyers aren't usually involved *in* the hearing itself, getting advice beforehand can help. Find attorneys familiar with these matters here.

Find an Attorney