If you are owed money, the first thing to do is contact the person, either in writing or by telephone, and ask them to reimburse you for the loan made to them. If the person does not pay the money back, follow up in writing that if it is not paid within 14 days, you will proceed to the Small Claims Court.
If the money has not been paid after 14 days, go to the clerk of the Small Claims Court and present proof that the written payment demand was not received, also bring forth any other evidence that backs up your claim. You will need to give the clerk the name and address of the person who owes you money. The clerk of the court will then help you draw up the summons, which you will issue to the person.
On receiving the summons, they may pay what they owe to avoid going to court or you may have to proceed with the case. A procedure in the Small Claims Court is a simple matter, and while it could just be what you need to settle a difficult dispute over money, it could in turn also damage the relationship or friendship you had in place.
Did you know: You can bring a claim of up to R15000 to the Small Claims Court when owed money, or if you want financial recognition to resolve a dispute. A claim can be made against anyone apart from the state and state owned companies.
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