I'd like to remain anonymous. A family friend owes my mother money, and she refuses to pay. We have tried everything, and it's always one excuse after another.
Conviction Expert says:
The Small Claims Court offers a quicker and easier way of resolving certain civil disputes that involve amounts up to R20,000. You do not need a lawyer to represent you at a Small Claims Court. It is situated at all magistrate's courts countrywide; simply approach the clerk of the court for assistance.
Claims over R20,000 must be pursued in the ordinary courts. However, if the amount owed is more, you can if you like reduce a larger claim to R20,000 and deal with the matter in the Small Claims Court.
Only individuals can sue in a Small Claims Court and not companies. The State and local authorities can only be sued in the ordinary courts. Other than those exclusions, you can sue anyone, including companies.
If the person owing your money has not paid the claim in 14 days, go to the Small Claims Court with a copy of the letter of demand, any contract or agreement between you and the person which proves the claim, a post slip or any other document that proves that the letter of demand was handed to the person, and the person’s personal and contact details.
The clerk of the court will prepare a summons which will force the person to come to court at the set date. The summons will be delivered by you or the sheriff of the court.
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