Courts & Justice
How to Use the Small Claims Court in South Africa
Owed money and want it back without the cost of a lawyer? Here is how the Small Claims Court works, from the letter of demand to the hearing.
Quick answer
To use the Small Claims Court, first send the other party a letter of demand and wait 14 days. If they do not pay, take your proof to the clerk at your nearest magistrate's court, who issues a summons. You present your own case to a commissioner, with no lawyers, and claims are capped at R30 000 as of 2026.
Key points
- The Small Claims Court settles civil money disputes quickly, cheaply and without lawyers.
- The claim limit is R30 000 as of 2026 - confirm the current figure on justice.gov.za.
- You must send a letter of demand and wait 14 days before approaching the court.
- Only individuals and sole proprietors can sue; companies cannot bring claims here.
- Cases are heard by volunteer commissioners (attorneys and advocates) at no charge for legal fees.
- If your claim is more than R30 000, you may reduce it to R30 000 to use this court.
Step by step
What the Small Claims Court is for
The Small Claims Court offers a quick, inexpensive way to settle minor civil money disputes without a lawyer. It is meant for everyday problems: an unpaid debt, a deposit that was never returned, money for goods or services you paid for but never received, or damage to your property. CluedUp is an independent explainer, not a court or the Department of Justice. This is general information, not legal advice; for your own matter, confirm the detail with the clerk of the court, Legal Aid SA or a lawyer.
The money limit
As of 2026 you can claim up to R30 000 in the Small Claims Court. The Minister raised the limit from R20 000 with effect from 1 August 2026. Limits change over time, so always confirm the current figure on justice.gov.za before you start. The R30 000 cap covers the whole claim, including interest and costs, so if you are owed a little more, you can give up the excess and sue for R30 000. If your claim is worth much more than this, the ordinary magistrate’s court is the right forum.
Start with a letter of demand
Before the court will help, you must give the other side a chance to pay. Send a letter of demand setting out the facts and the exact amount owed, and give them 14 days to settle. Deliver it by hand or by registered post and keep the proof of delivery, as the court will want to see it.
Lodging and hearing your claim
If payment still does not come, take your letter of demand, proof that it was delivered, any contract or invoices, and the other party’s details to the clerk of the Small Claims Court at your nearest magistrate’s court. The clerk helps you complete the paperwork and issues a summons, which you or the sheriff serve. On the hearing date you appear before a commissioner, usually a practising attorney or advocate volunteering their time, and tell your side yourself. No lawyers represent either party, and many courts sit in the evening so you need not miss work.
Who can use it
Only individuals and sole proprietors can bring claims; companies and close corporations cannot sue in this court, although they can sometimes be the party you are suing. Certain matters are excluded altogether, such as divorce and some claims against the State. If you are not sure whether your dispute fits, the clerk can tell you.
After judgment
If the commissioner decides in your favour, the other party must pay as ordered. If they do not, the matter can be referred to the magistrate’s court for enforcement, which may include attaching their assets. The commissioner’s decision on the facts is final, with no ordinary appeal, though it can be reviewed by a higher court in limited circumstances.
⚠ Stay safe
The Small Claims Court charges no fee for a commissioner and allows no paid legal representation. Be suspicious of debt agents or court consultants who offer to win your case for a fee, or who ask you to pay a filing fee or commissioner's fee into a private account. The only legitimate cost is a modest sheriff's fee for serving documents. Confirm anything you are unsure of directly with the clerk of the court.
Frequently asked questions
How much can I claim?
Can I use a lawyer?
What does it cost?
What kinds of disputes can I bring?
Who can be sued?
What if the other party ignores the summons?
Where is my nearest Small Claims Court?
Official sources
CluedUp is an independent guide and is not affiliated with any government agency. Fees, links and steps can change — always confirm on the official portal before you act. This is general information, not legal or financial advice.