Small Claims Court South Africa: A Step-by-Step Guide
The Small Claims Court is a magistrates' court division that allows ordinary South Africans to resolve financial disputes up to R20 000 quickly, cheaply, and without a lawyer. It was established under the Small Claims Court Act 61 of 1984 and is designed to be accessible to people without legal training. Proceedings are informal, conducted in plain language, and presided over by a commissioner — usually a practising attorney who volunteers.
What Can You Claim?
The Small Claims Court can hear any liquid or unliquidated claim for money or the delivery of property where the value does not exceed R20 000. Common cases include unpaid rent, damage to property, breach of a consumer contract, unpaid loans between individuals, and disputes over goods or services.
- Unpaid invoices and debts
- Damage to a motor vehicle or other property
- Deposits not returned by a landlord
- Defective goods or poor services
- Unpaid loans between private individuals
- Minor contractual breaches
What the Small Claims Court CANNOT Hear
- Claims exceeding R20 000
- Claims against the state or a government department
- Matters involving marriage, divorce, or status
- Insolvency and liquidation matters
- Defamation claims
- Matters that must by law be heard by another court or tribunal
Who Can Use the Small Claims Court?
Any natural person (an individual, not a company or close corporation) may be a claimant. The defendant can be either a natural or juristic person. Legally, both claimant and defendant must appear in person — attorneys are not permitted to represent parties in this court, which is the key feature that keeps costs low.
Claimants must be 18 or older. A minor must be assisted by a parent or guardian.
The J15 form is free and available from the Clerk of the Court at any Magistrates' Court. The Clerk will also advise you on whether your matter falls within the court's jurisdiction.
Step 1: Complete the J15 Form
Visit the Clerk of the Small Claims Court at your nearest Magistrates' Court. The Clerk will help you complete the J15 (Summons) form. You will need:
- Your full name, ID number, and address
- The full name, ID number, and address of the defendant
- A clear description of your claim (what happened, how much you are owed, and why)
- Any supporting documents such as invoices, receipts, WhatsApp messages, or photos
Step 2: Pay the Court Fee
A modest filing fee is payable when you submit your summons. The fee is set by the Small Claims Court regulations and varies slightly by claim amount but is typically between R100 and R300. Fees are payable at the court cashier. Keep your receipt.
| Claim Amount | Approximate Fee |
|---|---|
| Up to R5 000 | R100 |
| R5 001 – R10 000 | R150 |
| R10 001 – R15 000 | R200 |
| R15 001 – R20 000 | R300 |
Step 3: Service of the Summons
After you file the J15, the court will arrange for the summons to be served on the defendant by the Sheriff of the Court. The defendant must be served at least 30 days before the hearing date. The Sheriff charges a service fee (typically R300–R600) which you pay upfront but can recover if you win.
If the defendant cannot be found at the address you provided, the Sheriff will report back to the court. You may need to provide an updated address.
Step 4: The Hearing
On the hearing date both parties appear before the Commissioner. There is no formal courtroom procedure. The Commissioner will hear each side informally, ask questions, and examine any documents. You should bring all your evidence: photos, invoices, written agreements, and witnesses if necessary.
If the defendant does not appear, the Commissioner may grant a default judgment in your favour provided service was properly effected.
A Small Claims Court judgment is a final order. The defendant can only appeal on a point of law to the High Court. You cannot appeal simply because you are unhappy with the outcome.
Step 5: Judgment and Enforcement
If you win, the Commissioner will grant judgment in your favour for the amount claimed plus interest and costs (including Sheriff fees). The judgment is recorded by the Clerk. If the defendant does not pay voluntarily, you can enforce the judgment through:
- Warrant of execution – the Sheriff attaches and auctions the defendant's movable property.
- Emoluments attachment order (garnishee) – a portion of the defendant's salary is deducted monthly by their employer.
- Section 65 hearing – the defendant is called to court to disclose their financial position.