Frequently asked questions:

How to institute a claim:

1. Contact the opposing party (person against whom you are instituting legal proceedings) in person, by telephone or in writing, and request them to satisfy your claim.
2. If the opposing party does not comply with your request, address a written demand (setting out the particulars of the facts on which the claim is based, and the amount of the claim) affording them a minimum of 14 days from the date of receipt of your written demand to satisfy your claim.
3. Deliver the demand by hand or by registered post to the opposing party.
4. After a lapse of a period of 14 days, report in person to the clerk of the court with your proof that the demand was delivered to the opposing party.
   

1. Your written demand and the proof (e.g. post office slip) that it was delivered
2. Any contract, document or other proof upon which your claim is based or that has regard thereto.
3. The full name and address (home and business addresses, if available) and telephone number of the opposing party.
   

1. The clerk and the legal assistant will examine your documents and assist you in drawing up a simple summons.
2. The clerk will inform you of a date and time for the hearing of the case.
3. The clerk will issue the summons and hand it to you.
   

1. You can serve the summons on the opposing party in person (try to obtain an acknowledgement of receipt).
2. You can hand the summons, together with the sheriff's service fees, to the sheriff in whose district the opposing party resides for service on the opposing party.
   

1. Where the sheriff has undertaken the service, you must obtain prior to the date of hearing a copy of his written proof that he has done so.
2. Keep the contract, document and any other proof upon which your claim is based at hand.
3. Inform your witnesses, if any, of the date and time the case will be heard and arrange for them to be present in court at the appointed date and time.
   

1. Supply the opposing party with a written receipt.
2. Inform the clerk of the court immediately that your claim has been satisfied and that you will no longer proceed with the case.
   

1. You must appear in court in person.
2. Ensure that you have with you all the documents upon which your claim is based.
3. Ensure that all your witnesses, if any, are present.
4. Ensure that you have the written proof that the summons was served on the opposing party.
   

1. The court procedures are informal and simple.
2. No advocate or attorney may appear on your behalf.
3. The commissioner of the court will request you to state your case. State the facts as concisely as possible.
4. Answer the questions of the commissioner and submit your exhibits.
5. No cross-examination between the parties is allowed. With the commissioner's permission you may, however, put a few questions to the opposing party.
6. Listen attentively to the opposing party's explanations and once they have finished talking, bring to the attention of the commissioner any facts which in your opinion they have not presented correctly.
7. After the commissioner has heard you, your opposing party and any witnesses that may be present, the court can pass judgement. (The commissioner may also indicate that he/she will notify you of his judgement in writing at a later stage).
   

1. Absence of jurisdiction by the court;
2. Interest in the cause, bias, malice or corruption on the part of the commissioner;
3. Gross irregularity with regard to the proceedings.
   

This merely informs you of the most important steps to be taken with regard to the institution of a case in the small claims court. Should you require assistance with any matter at all, the address and telephone number of the clerk of the small claims court can be obtained from your local magistrate's court.

1. Magistrate Offices A-C 
2. Magistrate Offices D-F 
3. Magistrate Offices G-I 
4. Magistrate Offices J-L 
5. Magistrate Offices M-O 
6. Magistrate Offices P-R 
7. Magistrate Offices S-U 
8. Magistrate Offices V-Z