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Thinking of taking a dispute to the Small Claims Court in South Africa? The Small Claims Court offers a fast, affordable way to recover money without a lawyer — but not every matter qualifies. Answer the four questions below to check whether your claim is eligible.
Small Claims Court Eligibility Checker
1. Is the amount you are claiming R20,000 or less?
2. Are you claiming as an individual person (not a company, CC or trust)?
3. Is your claim one of these excluded types: divorce, defamation, malicious prosecution, breach of promise to marry, validity of a will, or a claim against the State?
4. Have you sent (or can you send) a letter of demand giving 14 days to pay?
How the Small Claims Court Works
The Small Claims Court hears civil claims up to R20,000. Proceedings are informal, quick and inexpensive, and no legal representation is allowed at the hearing — you present your own case to a Commissioner. Before you can issue a summons, you must send the other party a letter of demand giving them 14 days to settle.
- Claim limit: R20,000 or less.
- Who can claim: natural persons (individuals). Companies and other juristic persons cannot bring a claim, but you can claim against them.
- Excluded claims: divorce, validity of a will, mental capacity, defamation, malicious prosecution, breach of promise to marry, and claims against the State.
- No lawyers at the hearing: you represent yourself before the Commissioner.
What If My Claim Does Not Qualify?
If your claim is over R20,000, is an excluded type, or you are a company, you may need the Magistrate’s Court or High Court instead. Onah Attorneys can help with debt collection, letters of demand and civil litigation of any value.
Frequently Asked Questions
How much does the Small Claims Court cost?
There is no charge to lodge a claim in the Small Claims Court; you may pay a small fee for the sheriff to serve the summons. It is one of the most affordable ways to recover money.
Do I need a lawyer for Small Claims Court?
No — and lawyers are not permitted to represent you at the hearing. An attorney can, however, help you prepare your letter of demand and documents beforehand.
How long does a Small Claims Court case take?
Matters are usually heard within a few weeks to a couple of months, far faster than the ordinary courts.
Can I appeal a Small Claims Court decision?
There is no ordinary appeal, but a decision can be taken on review to the High Court in limited circumstances, such as gross irregularity.
Need Help With Your Claim?
This checker gives general guidance only and is not legal advice. For help recovering what you are owed — in any court — contact Onah Attorneys or call 011 042 8039. See also our Small Claims Court assistance page.