Create Your Defence
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Select an option below to get started.
I'm New, Start Fresh
Create a claim from scratch.
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Resume or manage existing cases.
How do you want to defend?
Enter Defence Code
If you received a mysmallclaim Summons
Standard Defence
If you didn't receive a mysmallclaim Summons
Enter Defence Code
Your unique code is found at the bottom of each page of your mysmallclaim summons, like this:
Review Each Paragraph
Select Your Defense Type
Choose how you want to respond to this claim:
Full Dispute
I dispute the entire claim. I believe I am not liable for any amount claimed.
Partial Admission
I admit to owing part of the claimed amount, but dispute the remainder.
What type of Defendant are you
Individual or Sole Proprietor
A single person or someone trading under their own name
Private Company (Pty) Ltd
A registered private company with limited liability
Close Corporation CC
A close corporation with limited members and liability
Review and Complete Your Defense Details
Click on the highlighted fields below to add your defense information. Green fields are completed, yellow fields still need your input.
Edit Field
Enter the required information below:
Do you want to draft a counterclaim?
A counterclaim allows you to make your own claim against the plaintiff in the same case.
Yes, I want to counterclaim
I have a claim against the plaintiff that I want to institute in this same case.
No, defense only
I only want to defend against the plaintiff's claim. I don't have a counterclaim to make.
Select your Claim
Not Paid for Work Done
Provided a service and haven't received payment.
Refund for Goods or Services
Paid for goods or services not provided or defective.
Unpaid Loan
Lent someone money and haven't been repaid.
Motor Vehicle Collision
Claim for Damages to your vehicle.
Outstanding Rent
A tenant owes you unpaid rent.
Other Claims
Your claim doesn't fit into the categories above.
Review and Complete Your Counterclaim Details
Click on the highlighted fields below to add your counterclaim information. Green fields are completed, yellow fields still need your input.
Edit Field
Enter the required information below:
Edit and Review the Content of Your Document
Would You Like AI Assistance?
Our AI can help enhance your counterclaim by improving clarity, tone, and legal effectiveness
Yes, Improve My Counterclaim
Let AI enhance your counterclaim's clarity, grammar, and persuasiveness
No, Keep Original
Continue with your counterclaim as written without AI modifications
Enhance Your Counterclaim with AI Assistance
Our AI is analyzing and enhancing your counterclaim...
No Counterclaim Content Found
Please go back to create your counterclaim first.
Before You Generate Your Defense Document and Counterclaim:
Important: Your Defense Document & Responsibilities
The Defense Document and Counterclaim (if applicable) you will generate is an editable Word document. This serves as a template or starting point. You are responsible for carefully reviewing, customizing, and finalizing all content to accurately reflect your specific defense, counterclaim 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 defense document and counterclaim. If you have any questions, are unsure about any aspect of your defense, the document'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 detailed information about defense requirements and counterclaim procedures, visit our Small Claims Resources page. Pay special attention to information regarding the necessary components of a defense document and how to properly draft counterclaims.
Action Required: Sign & Attach Evidence
After customizing and finalizing your Defense Document and Counterclaim, you MUST sign the documents. It is also crucial to attach copies of any evidence you have referred to in your defense and upon which your case relies (e.g., contracts, invoices, relevant correspondence, photographs if applicable). Clearly reference these attachments in your defense document.
Crucial: Filing Within Time Limits
You must file your defense document with the Small Claims Court within the time period specified in the summons served on you. Failure to file your defense within the required time limit may result in a default judgment being granted against you. If you are also filing a counterclaim, ensure it is included with your defense filing. Proper and timely filing is essential to protect your rights.
Congratulations
Your Defense Document is ready. Please choose how you'd like to receive it:
Download My Defense Document
Download your document to your computer.
Email Me My Defense Document
We'll send the document to: [email]. Please check your spam folder.
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Important Next Steps for Filing Your Defence
Your defence document has been prepared, but there are still important steps you must complete before filing it with the court.
Review Your Document
Carefully review the entire document to ensure all information is accurate and complete. Make any necessary changes to correctly represent your defence. You are responsible for the final content and accuracy of your defence document.
Sign Your Document
According to Rule 14 of the Small Claims Court Rules, your defence statement must be signed by you or your authorised representative. The document is not valid for court filing without your signature.
Attach Your Evidence
Gather and attach all supporting documents and evidence mentioned in your defence. This evidence strengthens your case and should be submitted together with your defence statement. Clearly reference these attachments in your document.
File With the Court
Lodge your signed defence statement and evidence with the clerk of the court within the time period specified in the summons. If your defence includes a counterclaim, it must be served on the plaintiff in the same manner as a summons (Rules 12 and 13).
Legal Requirements: Rule 14
Rule 14. Written statement of defence:
- Where the defendant wishes to lodge a written statement of defence then such statement must:
- Set out the nature of the defence and the grounds on which it is based;
- Be signed by the defendant or his or her authorised representative; and
- Be lodged with the clerk of the court.
- If the written statement of defence includes a counterclaim, the statement must be served in the same manner set out in rules 12 and 13 for the service of a summons.
- The written statement of defence must be lodged with the clerk of the court after service on the plaintiff.
- The clerk of the court must bring the written statement of defence to the attention of the plaintiff.
Additional Resources
For more detailed information about defence requirements and court procedures, visit our Small Claims Resources page. If you need legal advice, consult with a qualified legal practitioner.
