The Small Claims Court: A No-Lawyer, No-Nonsense Tool to Recover What’s Yours
Have you had clients dodge invoices, delay payment for months, or disappear after delivery?
Have you wasted hours chasing payments—time you should’ve spent earning?
If the debt is under R20,000, South Africa’s Small Claims Court is your low-cost, high-impact recovery tool.
No lawyers. No court fees. No fancy talk.
When Can You Use Small Claims Court?
If someone owes your practice R20,000 or less (including interest and penalties), you can take them to Small Claims.
It works well for:
Unpaid invoices from clients
Loans made to staff or service providers
Breach of contract — goods or services not delivered
Property damage caused by a third party.
It doesn’t apply to:
Defamation, emotional distress, or criminal matters
Family or inheritance disputes
Urgent interdicts or eviction proceedings.
But you must give the debtor a chance to settle:
✅ Send a Letter of Demand
✅ Give them 14 calendar days to pay or respond
If they don’t, move forward with your claim.
The Rules (Know Before You File)
Here’s what you need to know:
The R20,000 cap is non-negotiable, no breaking it into smaller claims
File the case where the debtor lives, works, or operates
No legal representation allowed, you’ll explain the case yourself
The judgment is final, unless there’s a clear legal error.
This system exists to help small businesses like yours enforce their rights—quickly and cost-effectively.
🛠️ Step-by-Step: How to Use the Court
Send a Letter of Demand
Detail the debt and give them 14 days to respond. Deliver via email, registered mail, or in person.Prepare Your Evidence
Invoices, quotes, delivery notes, WhatsApp chats—gather everything that backs your case.Go to the Small Claims Court
The clerk will help you open a case and issue a summons. There’s no filing fee.Let the Sheriff Serve the Summons
This makes the claim official. The defendant is now legally required to respond.Attend the Hearing
The commissioner will ask questions. You present your facts and respond calmly. The debtor gets to do the same.Receive the Judgment
If you win, the ruling is final. If they don’t pay, you can enforce the judgment through the sheriff.
Why This Matters for Your Practice
Too many small firms let unpaid debts slide because the recovery process feels out of reach.
But every R8,000 or R12,000 you leave on the table adds up.
Small Claims Court gives you:
A fast, affordable way to collect outstanding debts
Legal standing without the legal expense
A way to show clients you don’t let payment issues slide.
Final Tips Before You File
Confirm the claim is under R20,000
Confirm it’s a civil matter (not criminal or urgent)
Send a Letter of Demand and wait 14 days
Organise your documents and proof
Be calm, factual, and confident in your hearing.
Bottom Line
Small Claims Court = Time saved. Money recovered. Power back in your hands.
It’s not a silver bullet, but it’s one more practical tool in your compliance and cash flow arsenal.
Join CIBA and we’ll show you how to turn everyday tools, like Small Claims Court, into business wins that protect your income.
