Consider the Small Claims Court

Consider the Small Claims Court
CONSUMERS who think they have been done in by unscrupulous businessmen should consider approaching the Small Claims Court says Yusuf Boda, legal manager at Legal & Tax.
He says that sometimes this court is the best to adjudicate disputes below R12000. The main benefit of taking the matter to the Small Claims Court is that you save on expensive legal fees because you are allowed to represent yourself.
Representing yourself
Boda says that although you may ask an attorney for advice at your own cost, there are legal assistants and clerks of the Small Claims Courts who will assist you free of charge.
The steps that you will take to initiate your claim are simple and the process is fairly speedy compared to going through a civil court.
Before you initiate the case in the Small Claims Court, you should contact the person or company (thus the so-called opposing party) you are claiming against either face to face, in writing or telephonically and ask them to satisfy your claim. If they refuse, deliver a written demand by hand or registered post to the opposing party. If you don't get a satisfactory response after 14 days, you may approach the clerk of the court with documents such as proof that the written demand was delivered, any contract or other document that supports your claim, and the full name, address and telephone number of the opposing party.
The clerk of the court will issue a summons that they will send to the photographer. The clerk of the court will also inform you of the date and time of the hearing of the case. When the opposing party receives the summons, they may then decide they were in the wrong, or that they do not feel like wasting their time in court, and pay you before the case takes place. In that instance, give them a receipt and inform the clerk of the court that the case will not proceed. On the other hand, they might deliver a written plea to the clerk of the court, or issue a counterclaim.
The hearing
On the day of the hearing, you must appear in court in person and bring with you the documents on which your claim is based. During the hearing, the commissioner of the court will listen to your account of the incident, ask questions and look at your evidence. He or she will also question the opposing party. You should listen closely and inform the commissioner of any facts you believe have not been presented accurately. After the commissioner has heard your account of the incident and that of the opposing party and any witnesses, the court can pass judgment. The judgment is final. If the judgment is in your favour, the opposing party must pay up immediately. If they cannot comply with the judgment immediately, the court will investigate their financial position and make an appropriate ruling around repayment.