Small Claims Court in South Africa for unpaid invoices

Quick answer

The Small Claims Court handles claims up to R20,000. It's free, there are no lawyers, and individuals (including sole proprietors) can sue. A company can be sued there, but a company cannot bring a claim as the plaintiff.

Before you go

• Send a letter of demand giving at least 14 days to pay
• Gather your quote, agreement, invoices, statements and messages
• Know the client's correct full name and address

The process

• Visit the clerk of the Small Claims Court in the area where the client lives or works
• The clerk helps you complete the summons
• Serve the summons on the client (by hand or via the sheriff)
• Attend the hearing, usually in the evening, and explain your claim with documents
• The commissioner gives a judgment on the day or soon after

If you run a (Pty) Ltd

Your company can't use Small Claims Court as the claimant, so use the Magistrate's Court or a debt collector instead. This is one reason good contracts and deposits matter more for companies.