Small Claims Court – When is it the right option?

Whilst we as a firm do our utmost to render our legal services at a reasonable cost, the nature of litigation is such that a successful litigant may not be able to recover all amounts claimed from a defendant if that defendant has no executable assets. This risk is increased where the amount claimed is a small amount because legal costs can sometimes outweigh the amount of the claim.

In such matters, you may want to approach the Small Claims Court. This is a free remedy where disputes are generally heard by attorneys acting as small claim court commissioners. No legal representation is permitted, although prior advice may be obtained at your own cost.

The current monetary limit on claims in the Small Claims Court is R12,000.00, but this is due to increase to R20,000.00 from 1 April 2019. If you as an individual have a claim for damages within this amount, and you are uncertain as to whether pursuing a defendant may be “throwing good money after bad”, this may be the correct forum for you.

The necessary contact details, as well as the details of which disputes may be heard at the Small Claims Court can be found at here.