Tired of trying to get money owed to you from someone? You may be thinking of taking them to Small Claims Court, but this court does not hear all matters – there are some that they do not deal with even if they are below the R20 000 threshold. Scorpion Legal Protection explains what matters can be taken to Small Claims Court and which cannot.
Since 1 April 2019, the threshold amount for claims has been R20 000. You cannot claim for more than this at the Small Claims Court. If your claim is more than R 20 000 in value, you can institute a claim for a lesser amount in order to pursue your case in Small Claims Court.
Matters that can be taken to Small Claims Court are:
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Repayment of money you lent to someone. If they refuse to pay you by the agreed upon time then you can take them to Small Claims Court.
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Payment for goods. If someone has bought goods from you, like furniture or clothing, and they have failed to pay for it, you can take the matter to Small Claims Court.
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Claiming rent money. If you’ve rented out a house, room or any other property to a person and they do not pay the agreed rental by the agreed upon time, you can take them to Small Claims Court.
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Enforcing a claim based on a legal document. If you have a document that proves that you should receive money from someone, you can approach Small Claims Court. This could be in the form of a cheque, an acknowledgement of debt or promissory note.
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Damages from a car accident. If you are involved in a car accident and you can provide proof that the other driver was at fault, you can take the matter to Small Claims Court. You may not ‘double claim’ if you have insurance or the damage to you and your vehicle was paid for. Remember that the claim may not exceed R20 000.
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Claims based on credit agreements. If you have a business that lends people money on credit and your creditors are not paying the agreed instalments, you can take the matter to Small Claims Court.
Matters that you cannot take to Small Claims Court:
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Claims that go against any judgment or order of court. For example, you are ordered to pay maintenance to your ex, but you claim that she owes you for her car and you want to take her to Small Claims Court for it.
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Claims for more than R20 000.
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Claims that are against the state, local municipality or local government. For example, you want to take the municipality to Small Claims Court because they overcharged you on your water and lights bill and owe you a refund.
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Claims that involve the official cancellation of marriage.
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Claims that concern the validity of a will.
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If you have a query, follow Scorpion Legal Protection on Facebook and ask your question during our next Live Q&A (every first Thursday of the month from 11:30- 13:30).
* This is only basic paralegal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.