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Small Claims Court Summons:
Draft, Issue & Serve Your Claim (South Africa)

Step 4:
Create Your Summons

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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.

The Legal Ground Rules

The process for issuing a summons isn't random; it's guided by specific rules. The key ones are Section 29 of the Small Claims Courts Act and Rule 8 of the Small Claims Court Rules.

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

  1. 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.

  2. 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.

  3. Visit the Correct Small Claims Court

    Go to the courthouse that has jurisdiction (see the 'Jurisdiction Check' above).

  4. 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!

  5. 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.

  6. 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.

  7. 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.

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Step 6:
Delivering Your Summons Correctly (Serving)

Why Proper Summons Delivery Matters

Congratulations on getting your Summons officially issued by the court in Step 5. The next crucial phase is ensuring the defendant actually receives a legally valid copy. If Summons service is done incorrectly, the court cannot proceed with your claim.

Key Deadline: You must serve the Summons at least 10 business days before the scheduled hearing date. This requirement is set out in Rule 8 of the Small Claims Rules . Remember to account for weekends and public holidays when calculating deadlines.

How to Serve Your Summons

In Step 2, you learned that documents in Small Claims Court can be served personally, via the Sheriff of the Court, or by using an attorney/process server. Those same methods apply here, with one important extra step: you must file proof of service with the Clerk of the Court before your hearing.

Option 1: Personal Service (You Deliver)

If you choose to hand the Summons to the defendant (or an adult over 16 at their residence/workplace), complete a detailed Affidavit of Service (Form 6) immediately afterwards. This document shows exactly how, when, and where the Summons was delivered.
Download the official form: Affidavit of Service (J995 - Form 6) .

Option 2: Sheriff of the Court

Many Small Claims litigants prefer hiring the local Sheriff for the defendant's area. You pay a fee, and the Sheriff attempts to serve the Summons following legal protocol. They issue a Return of Service (an official document confirming whether service was successful). This Return is powerful proof for the court, so keep a copy and confirm the Clerk has it on file.

Option 3: Use an Attorney or Process Server

Although representation in Small Claims Court is generally not allowed, you can still hire an attorney's office for the limited task of serving your Summons. They often use professional process servers and will provide you with the necessary Affidavit or Return of Service once completed.

Where Should the Summons Be Delivered?

Serving the Summons to the correct address (and person) is just as critical as how you serve it. Rules differ slightly for individuals versus businesses:

Serving Individuals

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  • Residence: Hand it to the defendant personally. If not available, leave it with a responsible adult (16+) who appears to live there.
  • Workplace: Deliver it during business hours to the defendant personally or someone apparently in charge.
  • Affixing (last resort): If no one can be found after genuine attempts, you may affix (securely attach) the Summons to the main door. Document this thoroughly and include details in your Affidavit of Service.

Serving Businesses/Companies

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  • Registered Office: For (Pty) Ltd companies, serve at their registered office or main place of business. You can verify addresses on the CIPC website.
  • Responsible Recipient: Hand it to a director, manager, or person in charge. Avoid giving it to junior staff with no authority.
  • If Premises Are Empty: Consider using the Sheriff to locate an alternative service address (e.g., the director's residential address).

Avoiding Common Mistakes

  • Wrong Address: Double-check the defendant's current address. Serving old or incorrect addresses wastes time.
  • Not Filing Proof: If you serve personally, you must file the Affidavit of Service. If the Sheriff serves, ensure their Return of Service reaches the court clerk.
  • Missing the 10-Day Deadline: Serve as soon as possible to avoid postponements.
  • Evasive Defendants: Document all attempts. If you consistently cannot locate them, consult the Clerk or consider using the Sheriff.