What is the summons (Form 1, J141)?

It is the document that starts a case in the Small Claims Court. It names the plaintiff and the defendant, sets out the particulars of the claim, and, once the clerk has issued it, calls the defendant to appear at the hearing.

Do I complete the summons or does the clerk?

You do. Form 1 is headed "To be completed by the Plaintiff", and rule 8 of the court rules says the summons must be signed by the plaintiff. The clerk of the court then issues it, which means the clerk signs and dates it and gives it a case number and a unique reference number.

Do I have to use the official Form 1?

Yes. The Department of Justice guide to the Small Claims Court changes from 1 April 2023 says the new Form 1 must be used for the summons. This page fills in Form 1 (J141) itself.

What must I do before I can take the summons to the clerk?

You must first deliver a written demand to the other side, by hand or by registered post, and allow them at least 14 days from the date they receive it to pay. Our letter of demand page fills in the official Form 4 (J993). The clerk will ask for a copy of the letter and proof that it was delivered.

What do I take to the clerk?

The signed summons with as many copies as there are defendants, a copy of your letter of demand, and proof that it was delivered: a registered post receipt, or a sworn Form 5 (J994) affidavit if you delivered it by hand. Also bring photocopies, not originals, of the documents you list in paragraph 5 of the form.

Who can bring a claim in this court?

Under section 7(1) only a natural person can sue in the Small Claims Court. A company cannot be a plaintiff, although it can be sued there. Section 14(2) bars any action against the State.

Can I bring a claim I bought or took over from someone else, or a second claim from my business?

Not a ceded claim: section 14(4) says the court has no jurisdiction over a claim or counterclaim based in whole or in part on a cession or assignment of rights. And if your claim arises from a business or profession you carry on, section 29(1)(b) says that until judgment has been given in one such action you may not deliver a summons to the clerk for any other action arising from that business or profession.

What is the limit, and what if I am owed more?

The limit is R30 000 from 1 August 2026. If you are owed more, you may give up part of the claim in this summons to bring it within the limit: section 18(1) of the Act lets a party explicitly abandon a part of a claim in the summons, and paragraph 7 of the form is where you do it. Under section 18(2) the part you give up is extinguished, so you cannot claim it later. Section 18(1) speaks of abandoning "a part" of a claim, so what is left must be R30 000 or less and you cannot give up the whole claim.

Can I split a big claim into smaller ones to get under the limit?

No. Section 20 of the Act says a claim that is over the court's limit and based on one and the same cause of action may not be split with the object of recovering it in more than one action, if the parties to those actions and the point in issue would be the same. To bring a claim over the limit into this court, give up the excess in paragraph 7.

Can I claim something other than money, like goods or a repair?

Only what the Act allows. The court can hear an action for the delivery or transfer of property, movable or immovable, if its value is not more than the limit, R30 000 (sections 15(a) and 16(d)(ii)). It can also order an account to be rendered where the claim is not more than the limit (section 16(d)(i)). Under section 16(d) and (g) it has no jurisdiction where specific performance is sought without an alternative claim for payment of damages (in everyday terms, an order that someone do something), or where an interdict is sought. If you are not sure whether the court can order what you want, ask the clerk before you issue the summons.

What are paragraphs 7 and 8?

Paragraph 7 is where you give up part of a claim to bring it within the court’s limit. Paragraph 8 deals with set-off under section 19 of the Act, which is the deduction from your claim of an amount that you admit you owe the defendant. The form tells you to cross out whichever of the two does not apply to your claim. This page fills in paragraph 7 only, so cross out the paragraphs you do not use by hand after printing.

Which parts do I leave blank?

Leave the case number, the unique reference number and the clerk’s signature at the top of page 1 for the clerk, as rule 3(2) gives them to the clerk. The form does not say who fills in the court area or the hearing details in paragraph 1. Section 29(2) has the clerk set the hearing date and time, so ask the clerk before you write there. The defendant completes the admission and consent to judgment on page 2.

How is the summons served on the other side?

Once the clerk has issued it, it may be served by you or your authorised representative, or by the sheriff. It must be served on the defendant not less than 10 days before the date of the hearing, with a copy of Form 7 attached. After service you lodge the original summons and proof of service with the clerk.

What can the other side do when they receive it?

The summons has a section where the defendant can admit the claim and consent to judgment, or offer to pay in instalments, and lodge it with the clerk. A defendant who denies or disputes the claim may complete Form 7 and lodge it with the clerk before the hearing. The summons says they must appear on the date of the hearing whether they submit Form 7 or not.

Does it cost anything to issue a summons?

The court rules list no charge for issuing a summons: the only court fee in Annexure 2 is for photocopies of a record made by the clerk. If you use the sheriff to serve it, the sheriff is only obliged to act once the fees have been paid beforehand. Confirm current costs with the clerk.

Can I change the summons after I have printed it?

Any change before it is served must be initialled by you and by the clerk on the original summons.

Is this legal advice?

No. This page fills in an official form so that you can complete it correctly. It is not advice about your particular dispute. If your matter is complex, or falls outside what the Small Claims Court may hear, speak to an attorney or your nearest Legal Aid office.

J141 — Summons (Small Claims Court, Form 1)

Department of Justice and Constitutional Development

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