What is a letter of demand?

It is a written demand for payment that you send to the person or business who owes you money. Section 29(1) of the Small Claims Courts Act 61 of 1984 requires it before proceedings may be instituted, so the clerk of the court will ask to see it and to see proof that it was delivered.

Do I really have to send one first?

Yes. It is not a courtesy or a tactic — it is a step the Act requires before a summons can be issued. Arriving at the clerk without a delivered demand is one of the most common reasons people are sent away.

How long must I give the other side?

Fourteen days, counted from when they receive the letter rather than from when you posted it. That is why proof of delivery matters: it fixes the date the clock started.

How should I deliver the letter?

By registered post, or by hand. Registered post gives you a slip that shows it was sent and received. If you hand it over, ask the person to sign your copy as acknowledgement. Ordinary post leaves you with nothing to show the clerk.

What if I do not know their current address?

You need an address where the letter can actually be delivered, and later where a summons can be served. If you only have an old address, try the address on the contract, invoice or their business registration before proceeding.

What claims can the Small Claims Court hear?

Simple money claims up to a monetary limit set by the Minister. It cannot hear claims against the state, divorce or matrimonial matters, claims about the validity of a will, or claims for defamation and malicious prosecution. Confirm the current limit with your nearest court.

What if I am owed more than the limit?

You may abandon the excess and claim up to the limit in the Small Claims Court, which many people do to avoid a more expensive court. Once you abandon part of the claim you cannot come back for it later.

Can I use a lawyer in this court?

No. No legal representation is permitted for either side in the Small Claims Court — that is the point of the court. You present your own claim to the commissioner, which is also why the process is kept simple.

What should I write in the description?

What was agreed, what you paid or delivered, what went wrong, and the dates. Refer to invoices or receipts by number. Avoid insults and avoid arguing your case — set out facts you can prove with a document.

What happens after the 14 days?

If the amount is still unpaid, take your copy of the letter, the proof of delivery and your supporting documents to the clerk of the Small Claims Court. The clerk issues the summons; you do not draft it yourself.

Does it cost anything to send?

Only the postage if you send it by registered post. The Small Claims Court itself does not charge for issuing a summons, though you may pay a sheriff to serve it. Confirm current costs with the clerk.

What if they pay only part of the amount?

Write down the date and the amount received, and note what is still outstanding. If you go on to claim, you claim the remaining balance, not the original amount.

Can I send it by email or WhatsApp?

The safe course is registered post or delivery by hand, because those give the proof the clerk expects. An emailed copy is useful as a courtesy but should not be your only delivery method.

Is this letter legal advice?

No. This is a template for a step the Act requires, 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.

Letter of Demand — Small Claims Court

Department of Justice and Constitutional Development

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