How to prepare a claim for the Small Claims Court

A dispute does not become court-ready simply because you know you are owed money. You need to prove the debt, follow the required process and present your case in a form the commissioner can assess.

A Small Claims Court case starts long before you enter the courtroom. Your preparation needs to show what happened, what the other party owes you and how you calculated the amount.

South Africa’s Small Claims Court hears certain civil claims of up to R20,000. Individuals may file claims, while companies, close corporations and associations may not file as plaintiffs. Claims against the state or municipalities, divorce disputes, defamation claims and disputes over wills fall outside its jurisdiction.

Check whether your claim belongs in this court

Claims may concern unpaid loans, rent arrears, property damage, money due under an agreement or the delivery of property within the court limit. Ask the clerk at your nearest Magistrate’s Court which Small Claims Court has jurisdiction.

A faulty product dispute may also depend on the consumer remedies available after goods fail.

Put your evidence in date order

Write a short timeline from the first agreement to the latest attempt to resolve the dispute. Collect contracts, quotes, invoices, receipts, bank records, messages, photographs, repair reports and any written admission from the other party.

A dispute after a private sale becomes easier to explain when written terms and supporting records exist from the start.

Your file should let another person follow the dispute from the first agreement to the unpaid amount or loss. Each document needs a date, a purpose and a direct connection to the event you describe.

Send the required letter

Use the current Form 4 letter required under section 29(1) of the Small Claims Courts Act. State the facts, the exact amount claimed and what the other party needs to do. Delivery must take place in person or by registered mail.

Once received, the other party has 14 days to pay or settle the claim. Retain an affidavit or registered-post receipt as proof of delivery.

Take the file to the clerk

Once the 14 days have passed, take the letter, proof of delivery, your evidence and the defendant’s contact details to the Small Claims Court clerk. The clerk can help prepare the summons.

Use the current court documents, since the official forms page provides Form 4, the service affidavit, the summons and later-stage forms.

Present your case in order

Legal representatives may not appear for either side, although you may obtain legal advice beforehand. Bring your original documents, organised copies, proof that the summons reached the defendant and any witness with direct knowledge of the dispute.

Arrange your file by date and use the timeline as your guide. Explain the agreement, what went wrong, the amount you claim and the steps you took before approaching the court. Answer the commissioner directly and refer to the document that supports each part of your account.

A claim does not become convincing because the loss was unfair. It becomes convincing when every date, document and amount supports the same account. Preparation turns your version of events into evidence the court can assess.

The court cannot fill gaps you leave behind. Arrive with proof of what happened, what you lost and what you did before filing the claim. When your file tells the full story, you do not need to rely on memory to tell it for you.