The Small Claims Process
A step-by-step guide to filing and pursuing your small claims case. From your first Letter of Demand through to the court hearing.
Create Your Letter of Demand
Officially notify the defendant of your claim with a clear deadline. This is a legal requirement before you can approach the Small Claims Court.
- State the facts of your claim clearly
- Specify the exact amount owed
- Set a 14-day deadline for payment
- Include your contact details and preferred payment method
Tip: MySmallClaim can draft a professional Letter of Demand for you in minutes — tailored to your specific situation.
Send Out Your Letter
Deliver the Letter of Demand to the defendant via hand-delivery or registered post. Keep proof of delivery — you will need it later.
- Hand-deliver and get a signed acknowledgement, OR
- Send via registered post and keep the receipt
- Keep a copy of the letter for your records
- Note the date of delivery
Tip: Registered post provides automatic proof of delivery. Hand-delivery requires a witness or signed receipt.
Wait for a Response
Give the defendant the full 14 days to respond. Many disputes are resolved at this stage without needing to go to court.
- The 14-day period starts from when the defendant receives the letter
- The defendant may pay, negotiate, or ignore your demand
- If they pay in full, the matter is resolved
- If they don't respond or refuse to pay, proceed to step 4
Tip: About 70% of disputes are resolved after a Letter of Demand is sent — many people pay once they see it's a formal legal process.
Prepare Your Summons
If the defendant doesn't respond within 14 days, prepare a Small Claims Court summons to take the matter to court.
- Complete the official summons form (Form 1)
- Include the same claim details from your letter of demand
- Attach your proof of delivery of the letter of demand
- Prepare the affidavit confirming delivery (Form 5)
Get Your Summons Issued
Submit the summons to the clerk at your nearest Small Claims Court. The clerk will assign a case number and set a hearing date.
- Visit the Small Claims Court clerk's office
- Submit the summons with all supporting documents
- The clerk checks the summons and assigns a case number
- A hearing date is set (usually within a few weeks)
Tip: You can find your nearest Small Claims Court on the Department of Justice website.
Serve the Summons
Formally serve the summons on the defendant. This can be done by you personally or through the sheriff of the court.
- Hand-deliver a copy to the defendant in person, OR
- Have the sheriff serve it (fees apply)
- Service must happen at least 10 days before the hearing date
- File proof of service with the court clerk
Tip: If the defendant avoids service, the sheriff can affix the summons to their door.
Attend Court
Present your case before the Commissioner. Bring all documents, evidence, and witnesses. No lawyers are allowed — the process is designed for ordinary people.
- Arrive early and dress neatly
- Bring all original documents and copies
- Bring any witnesses who can support your claim
- The Commissioner will ask questions and guide the process
- A judgment is usually given on the same day
Tip: The Commissioner actively helps both parties present their case. You don't need to know legal procedures.
Start at Step 1 — We'll Help
Our AI-assisted service drafts your Letter of Demand in minutes, so you can get the process started right away.
Draft Your Letter of Demand