Small Claims Court Letter of Demand:
Draft, Serve & Meet the 14-Day Rule

1 Demand 2 Serve 3 Wait 4 Summons 5 Issue 6 Serve 7 Court

Step 1:
Create Your Letter of Demand

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Before You Generate Your Letter of Demand:

Important: Your Editable Document & Responsibilities

The Letter of Demand you will generate is an editable Word document. This means it serves as a template or starting point. You are responsible for carefully reviewing, customizing, and finalizing all content to accurately reflect your specific situation, claim details, and desired wording. This website provides a document compilation tool based *solely* on the information you have entered.

This tool does NOT provide legal advice, and use of this site does not create an attorney-client relationship. We are not a law firm and cannot provide legal opinions or recommendations. You are solely responsible for the accuracy, truthfulness, and completeness of all information in the final letter. If you have any questions, are unsure about any aspect of your claim, the letter's content, or require legal advice, you should approach a qualified legal practitioner for assistance. For general procedural guidance, you may also find it helpful to consult with a clerk at the Small Claims Court.

Resources and Guidelines

For a detailed explanation of what a Letter of Demand should typically contain, visit our Small Claims Resources page. Pay special attention to information regarding the necessary components of a Letter of Demand.

Action Required: Sign & Attach Evidence

After customising and finalizing your Letter of Demand, you MUST sign it. It is also crucial to attach copies of any evidence you have referred to in the letter and upon which your claim relies (e.g., contracts, invoices, relevant correspondence, photographs if applicable). Clearly reference these attachments in the body of your letter.

Crucial: Serving the Letter Correctly

Properly serving the Letter of Demand is extremely important for it to be legally effective. You can find more information on acceptable methods of service in the next step or by visiting this detailed guide on serving your letter. Failure to serve correctly can invalidate your letter.

I acknowledge that I have read, understood, and agree to the above points, and to the full Terms of Service . I understand this site provides an editable template, and I am responsible for its final content, accuracy, signing, attachments, and proper service.

1 Demand 2 Serve 3 Wait 4 Summons 5 Issue 6 Serve 7 Court

Step 2:
Delivering Your Letter of Demand

Sending your Letter of Demand is just the start. To proceed legally, you must ensure the person or business you are claiming from (the 'defendant') officially receives it, and crucially, you need undeniable proof of this delivery. This formal process is called 'service'. Getting service right is non-negotiable; failure can halt your claim before it even begins. The requirement for this demand and proof of its delivery is mandated by the Small Claims Court Act and Rules. Let's explore your options for legally sound delivery and where to send it.
(See Section 29 of the Act and Rule 7 of the Rules for the specific legal requirements.)

Option 1:
Personal Service (By You or Registered Post)

This involves delivering the letter yourself, either by physically handing it over or using the Post Office's registered mail service. It requires careful attention to detail to ensure it's legally valid.

Where do I deliver it?

Individuals: Deliver to their usual home address (place of residence) or directly to them at their place of employment during work hours.
Businesses (Company/Partnership): Deliver to their principal place of business or their officially registered office address. (Pro Tip: Use a CIPC search to confirm the registered address for companies. If unsure about the best service address, politely call the business and ask where legal documents should be served).

How do I perform service and prove it?

In-Person Delivery: Hand the letter directly to the defendant. If delivering to a home, it can often be handed to any adult person apparently residing there who is over 16 years old. At a business, hand it to a director, manager, company secretary, or other person seemingly in charge.
Crucial Proof: It's highly recommended to bring a witness. Immediately after delivery, you (or the person who delivered it) must complete an Affidavit of Service (Form 6). This is a sworn legal statement detailing who delivered it, to whom, when, where, and how. This affidavit is your essential proof for the court.
Download the Affidavit of Service Form (Form 6)
Registered Post: Take the letter to any South African Post Office branch and send it via registered mail to the defendant's correct address (home or business, as above).
Crucial Proof: Keep the registered slip (tracking number) and the proof of delivery notification slip (which should be returned to you by the Post Office once delivered) extremely safe. According to Rule 7(2), this registered post receipt serves as proof of delivery. Photocopy them for backup.

Advantages:

Cost-effective (free for personal delivery, only cost of postage for registered mail).
Direct confirmation (if delivering in person).

Potential Drawbacks:

Can be uncomfortable or lead to confrontation.
Risk of the defendant attempting to evade service.
Requires your personal time and travel.
Registered post reliability can vary, and delivery confirmation might be delayed or disputed if the signature is unclear.
Important Warning: Simply leaving the letter at the address or affixing it to a door (unless the Sheriff does this under specific circumstances) is generally not considered valid service and can be rejected by the court. Similarly, avoid relying on email, WhatsApp, or social media for serving the initial Letter of Demand, as proving receipt to the court's satisfaction is very difficult and often not accepted. Stick to legally recognised methods.

Option 2:
Service via the Sheriff of the Court

The Sheriff is an independent officer of the Court tasked with serving legal documents. Using the Sheriff is a formal, reliable, and highly recommended method of service.

Where will the Sheriff deliver it?

The Sheriff operates within specific geographical areas (jurisdictions). You must use the Sheriff responsible for the area where the defendant's chosen service address (residence, workplace, or registered business address) is located. They are legally obligated to serve documents at the correct address according to court rules.

How does it work and what's the proof?

Locate the correct Sheriff's office for the defendant's area. You will need to provide them with the original Letter of Demand, a copy for their records (or as many copies as there are defendants), the defendant's full name and the precise service address. Pay the required Sheriff's fees. The Sheriff will then attempt delivery according to the rules.
Crucial Proof: After attempting service, the Sheriff issues an official document called a 'Return of Service'. This document details whether service was successful (and how it was done) or unsuccessful (explaining the reason, e.g., address unknown, defendant moved). This Return of Service is considered prima facie proof (accepted by the court unless proven otherwise) of the details it contains. Keep the original safe!

Find the Sheriff for the Defendant's Area

Advantages:

Highly credible, official method recognised by the court.
Avoids potential personal confrontation.
Provides strong, official proof of service or non-service (the Return of Service).
Sheriffs are knowledgeable about the rules of service.

Potential Drawbacks:

Incurs Sheriff's fees (check with the specific office for costs).
Can sometimes take longer than personal delivery, depending on the Sheriff's workload.
Success depends on you providing the correct and precise address to the Sheriff.

Option 3:
Instruct an Attorney

You can hire an attorney to manage the entire Letter of Demand process, including drafting it correctly and ensuring proper service according to legal standards.

How does it work and what's the proof?

The attorney will take your instructions, draft the letter, and then arrange for its service. They typically use the Sheriff for reliability, but might sometimes use their firm's candidate attorney or a professional process server. They understand the rules of service thoroughly.
Proof: The attorney will obtain the necessary proof of service (usually the Sheriff's Return of Service or a properly completed Affidavit of Service) and ensure it is correctly filed or provided to you for your records.

Find an Attorney Experienced with Small Claims

Advantages:

Ensures process is handled by legal professionals knowledgeable about the rules.
Gives you peace of mind that service is executed correctly.
Saves you significant time, effort, and potential stress.

Potential Drawbacks:

Generally the most expensive option due to attorney fees.
Important Note: In the Small Claims Court itself, you generally cannot claim back the attorney's fees for *assisting* you with service or representation (though fees for the initial drafting might sometimes be claimable – check the specific court rules and the limits). Weigh the cost against the claim amount.

Key Tips for Successful Service

Flawless service prevents future headaches and court delays. Remember:

Verify the Address: Use recent, reliable information. For companies, check the CIPC database for the registered address. For individuals, use their current residential address ('domicile') or place of work. An incorrect address means failed service.
Identify the Correct Recipient: At a business, ensure service is on a responsible person (director, manager, company secretary, receptionist, person apparently in charge). At a residence, serve the defendant directly or an adult (over 16) apparently residing there.
Safeguard Your Proof: The Affidavit of Service, registered post slips (both!), or the Sheriff's Return of Service are vital evidence. Make copies and keep the originals extremely secure. You WILL need them.
Act Promptly: Serve the letter reasonably soon after it's drafted. Unnecessary delays could raise questions later.
Follow Up if Needed: If using registered post or the Sheriff, follow up if you don't receive proof of delivery/Return of Service within a reasonable timeframe (e.g., 2-4 weeks, depending on location).
Defendant Evasion: If you suspect the defendant is deliberately avoiding service, document your attempts carefully. If service proves impossible through standard methods, consult the Clerk of the Small Claims Court or an attorney about potential next steps (like applying for substituted service, though this adds complexity).

1 Demand 2 Serve 3 Wait 4 Summons 5 Issue 6 Serve 7 Court

Step 3:
The Crucial 14-Day Wait

What Happens After Serving the Letter? Understanding the Waiting Period

Successfully delivering your Letter of Demand (Step 2) is a major milestone, but it's important not to proceed to court immediately. South African law requires you to pause and wait for at least 14 days after the defendant has received your letter.

Why this waiting period? It's officially mandated by Section 29 of the Small Claims Courts Act. Consider it the defendant's final, formal opportunity to settle your claim directly with you, potentially avoiding the need for court intervention. It encourages resolution and ensures fairness before you take the next legal step.

The Law Says (Section 29(1)(a) Simplified): Before you can issue a summons (start the court case), you must prove you sent a written demand giving the defendant at least 14 days from the date they received it to satisfy your claim.

(For the full legal text, see Section 29 of the Act here.)

Starting the Clock: When Does the 14-Day Period Begin?

The timing is crucial. The 14-day countdown starts the day *after* the defendant officially received the Letter of Demand. The exact starting point depends on how you served it:

Personal/Direct Service (By You/Representative): The day *after* you (or your representative) successfully handed it over according to the rules (as noted on your Affidavit of Service).
Sheriff of the Court: The day *after* the date of successful service recorded on the Sheriff's official 'Return of Service'.
Registered Post: The day *after* the date the Post Office confirms the letter was successfully delivered to and received by (or signed for by) the defendant (as shown on your proof of delivery notification).

Important: Count 14 full calendar days beginning the day *after* confirmed receipt.

This period provides an opportunity to prepare. Use these two weeks productively:

Organise Your Documentation: Ensure you have all your evidence (invoices, contracts, photos, emails, etc.) neatly organized and readily accessible. You will need this if you proceed to court.
Understand the Next Step: Familiarise yourself with what's involved in Step 4 (Drafting the Summons), in case the defendant does not respond favourably.
Monitor Communications: Stay alert for any communication from the defendant. They might contact you to discuss payment, dispute the claim, or make an offer. Document any interaction carefully.
Consider Advice (Optional): If you are uncertain about any aspect, this could be a suitable time to seek brief advice from a legal professional or paralegal familiar with Small Claims procedures.
Allow the Period to Run: Avoid contacting the defendant repeatedly during this period unless responding to a settlement offer they initiated. Let the formal 14 days run their course.

Readiness Check: Proof of Service

Before proceeding to the next step, confirm you have the necessary documentation based on your service method:

Personal Service

Sheriff's Office

Authorized Representative

Registered Post

✅

Perfect! You're Ready to Proceed

You have all the necessary documentation for your selected service method. Once the 14-day waiting period has passed, you'll be ready to move to Step 4: Drafting the Summons.

After the 14 Days: Potential Outcomes

If the Defendant Paid or Settled: Excellent, the matter is resolved. Ensure you provide a receipt or have a written settlement agreement. You do not need to proceed further.
If the Defendant Made Contact to Dispute/Negotiate: You will need to decide how to respond. Negotiation towards a settlement is possible. If agreement cannot be reached, and the 14 days have passed, you can proceed to Step 4.
If the 14 Days Passed with No Satisfactory Response: Provided you have valid proof of service and the 14 full days (starting the day *after* receipt) have expired without the claim being satisfied, you are now legally entitled to move to the next stage: drafting and issuing your summons through the Small Claims Court.

Small Claims Court Letter of Demand: Draft, Serve & Meet the 14-Day Rule

Step 1: Create Your Letter of Demand

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Before You Generate Your Letter of Demand:

Important: Your Editable Document & Responsibilities

Resources and Guidelines

Action Required: Sign & Attach Evidence

Crucial: Serving the Letter Correctly

Congratulations

Download My Letter

Email Me My Letter

How was your experience?

Option 1: Personal Service (By You or Registered Post)

Where do I deliver it?

How do I perform service and prove it?

Advantages:

Potential Drawbacks:

Option 2: Service via the Sheriff of the Court

Where will the Sheriff deliver it?

How does it work and what's the proof?

Advantages:

Potential Drawbacks:

Option 3: Instruct an Attorney

How does it work and what's the proof?

Advantages:

Potential Drawbacks:

Key Tips for Successful Service

What Happens After Serving the Letter? Understanding the Waiting Period

Starting the Clock: When Does the 14-Day Period Begin?

Readiness Check: Proof of Service

After the 14 Days: Potential Outcomes

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Small Claims Court Letter of Demand:
Draft, Serve & Meet the 14-Day Rule

Step 1:
Create Your Letter of Demand

Option 1:
Personal Service (By You or Registered Post)

Option 2:
Service via the Sheriff of the Court

Option 3:
Instruct an Attorney