Step 5:
Getting Your Summons Officially Issued
This step is crucial: It transforms your drafted document into an official court summons, allowing you to proceed with your small claims case.
What Does 'Issuing' Mean in the Small Claims Court?
Think of "issuing" as the court officially stamping and authorising your summons. Once you've drafted it (Step 4), this is the crucial step that turns your document into a formal court instruction. It officially notifies the person you're claiming against (the defendant) that legal action has started and tells both of you when and where to appear in court.
By getting your summons issued, you're moving your dispute from informal attempts to resolve it (like your Letter of Demand) into the formal Small Claims Court process.
Here's what Section 29 basically requires you to do:
- You (or someone representing you) must hand the summons you drafted to the Clerk of the Small Claims Court.
- Along with the summons, you must provide a copy of the Letter of Demand you previously sent to the defendant (and proof you sent it, like a registered post slip or signed receipt if delivered by hand).
- The Clerk checks if your summons looks correct and confirms you're a person (not a company).
- If everything's in order, the Clerk will stamp the summons, put a case number on it, set a date and time for the hearing, and give the official, stamped summons back to you (or your representative).
You can find the full text of these rules on our Small Claims Resources page if you need the exact wording.
Before You Head to Court: Jurisdiction Check!
Crucially, you must issue your summons at the *correct* Small Claims Court. This is called "jurisdiction" – the court's authority to hear your specific case. Filing in the wrong court will cause delays or could even get your case thrown out.
How do you know which court is right? Generally, you need to file where:
- The defendant lives, works, or carries on business.
- The entire reason for your claim (the "cause of action") happened. For example, if the contract was signed and the service was meant to happen within a specific court's area.
- The property involved in the dispute is located (if it's a property-related claim).
The detailed rules for this are in Section 14 (who can be sued where) and Section 15 (types of cases the court can hear) of the Act.
Tip: If in doubt, you can often phone the Clerk of the Court you think is correct and briefly explain the situation (where the defendant lives/works, where the issue occurred) to check if they have jurisdiction.
How to Get Your Summons Issued at Court: Step-by-Step
-
Final Accuracy Check
Before you go, read through your drafted summons one last time. Did you remember to sign? Did you attach the documentation referred to in the summons? Are addresses complete and accurate? Is the amount claimed correct? Are the details of your claim clear? Small mistakes can cause big headaches later.
-
Gather Your Documents
You'll typically need:
- The original summons you drafted.
- At least two copies of the summons (the court keeps one, one is for you to serve, and it's wise to have an extra for your own records).
- A copy of your Letter of Demand.
- Proof that the Letter of Demand was delivered (e.g., registered mail slip, signed confirmation).
- Any essential supporting documents mentioned in your summons might be helpful, but the primary focus at this stage is the summons and proof of demand.
-
Visit the Correct Small Claims Court
Go to the courthouse that has jurisdiction (see the 'Jurisdiction Check' above).
-
Pay the Court Fee (if applicable)
There might be a small fee for issuing the summons. Ask the Clerk of the Court. If there is a fee, you'll usually pay it at the court's cashier or finance office. Make sure you get, and keep, the receipt!
-
Submit to the Clerk of the Court
Take your original summons, copies, proof of demand delivery, and fee receipt (if any) to the Clerk of the Small Claims Court. They will review everything.
-
Receive the Issued Summons
If everything is correct, the Clerk will officially issue the summons. This involves stamping and signing the original and copies, assigning a case number, and adding the court date and time. The Clerk keeps the original and gives you the stamped copies back.
-
Keep Your Copy Safe!
One stamped copy is for your records - keep it safe! The other stamped copy is the one you must now deliver (serve) to the defendant.
Important: You've successfully issued your summons, but you're not done yet! The next critical step is serving the summons on the defendant.