How the check works
The checker compares your claim with the current monetary limit and the main rules of the Small Claims Courts Act: who may sue, who may be sued and which matters are excluded. A positive result means the claim is likely to be the kind a small claims court hears — the clerk of the court makes the final call.
Steps to claim
- Letter of demand — give the other party at least 14 days to pay.
- Go to the clerk at the small claims court with jurisdiction where the defendant lives or works, with your letter and evidence.
- Summons and hearing — the clerk helps issue the summons; you present your case yourself before a commissioner, usually in the evening.
Worked examples
R18 000 deposit a landlord refuses to return
The claim is under the R30 000 limit, brought by an individual against an individual, and is the kind of money claim small claims courts hear.
Before you go to court
- 1. Send a letter of demandHand-deliver it or send it by registered post, and keep proof
- At least 14 days’ notice
- 2. Gather your evidence
- Contracts, invoices, photos, messages
- 3. Go to the clerk of the small claims courtThe clerk helps you complete the summons — no lawyer is needed, and lawyers may not represent parties in court
- Where the defendant lives or works
R40 000 owed for building work
The claim is above the limit. You can abandon R10 000 to claim R30 000 in the small claims court, or sue for the full amount in the magistrate’s court.
Your claim of R40 000 is above the R30 000 limit. You may abandon the amount above the limit to bring the claim in the small claims court (you then lose the excess), or sue in the magistrate’s court.
Before you go to court
- 1. Send a letter of demandHand-deliver it or send it by registered post, and keep proof
- At least 14 days’ notice
- 2. Gather your evidence
- Contracts, invoices, photos, messages
- 3. Go to the clerk of the small claims courtThe clerk helps you complete the summons — no lawyer is needed, and lawyers may not represent parties in court
- Where the defendant lives or works
Frequently asked questions
What is the small claims court limit?
R30 000 from 1 August 2026, up from R20 000.
Who can use the small claims court?
Only individuals (natural persons) can bring a claim. You can claim against a person or a business, but not against the State.
Do I need a lawyer?
No — lawyers may not represent parties in a small claims court. The clerk of the court helps you prepare your summons, and there are no legal costs.
What must I do before going to court?
Send the other party a letter of demand giving them at least 14 days to pay. Keep proof that you delivered it, and gather your evidence.
What can’t the small claims court hear?
Matters such as divorce, disputes about a will, defamation, malicious prosecution or wrongful arrest, and claims against the State, among others.