BRITS POS – BRITS - The Small Claims Court plays a crucial role in providing accessible, efficient justice for individuals seeking to resolve minor disputes. By eliminating costly legal fees and simplifying procedures, these courts offer a streamlined approach that ensures a fair resolution for ordinary South Africans.
However, businesses are excluded from using these courts, and claims exceeding R20,000 must be addressed through other legal channels.
These courts deal with civil matters such as:
*Unpaid debts
*Property damage
*Breach of contract
*Failure to return goods or money
The aim is to provide a simple, accessible avenue for individuals to resolve these issues quickly and affordably.
The Clerk of the Small Claims Court will first send a letter of demand to the debtor, requesting payment or resolution within 14 days.
In the South African Small Claims Court process, the 14-day period provided for the debtor to respond to a letter of demand typically refers to calendar days.
This means it includes both weekdays and weekends, as well as public holidays. If the debtor does not respond, the claimant can proceed to court.
The claimant files the claim with the Small Claims Court, providing the necessary documentation.
The clerk will assist in issuing the summons.
Both parties appear before a Commissioner. After listening to the case and reviewing evidence, a judgment is issued.
If the debtor refuses to comply with the judgment, the claimant can seek enforcement through the Magistrate’s Court.
The Small Claims Court is located at The Magistrate’s Court Brits in Van Velden Street, Brits.
Each Commissioner has specific dates and hours, so it’s essential to contact the local court or check the website www.justice.gov.za for more information.
