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How to Sue Someone in South Africa?

How to Sue Someone in South Africa?

How To Win Small Claims Court In South Africa?
How to Sue Someone in South Africa?

What does it mean to sue?

It means to make legal claim against someone or an organization in court for unfair treatment or violation of a law and demand compensation for such illegal act.

How to sue someone in South Africa?

1) Consult a legal professional for advice.

2) Ensure that the defendant has the ability to compensate you should the judgment be in your favour.

3) Communicate with the person of whom you have a dispute in person, in writing or telephonically and ask them to settle your claim.

4) Go to the clerk of the court if the person owing your money has not paid the claim in 14 days and submit a copy of the letter of demand, any contract or agreement between you and the person which proves the claim, a document that proves that the letter of demand was handed to the person and the person’s contact details.

 

How Much Does It Cost To Sue Someone In South Africa?

The Society of Advocates in South Africa has set fees of up to R1 080 an hour and as much as R10 800 a day.

What happens if you sue someone with no money in South Africa?

The court will investigate the defendant financial situation and determine a payment plan.

What is the minimum amount for small claims court in South Africa?

The minimum amount to sue a person at small claims court in South Africa is R20 000.

How long does it take to issue a summons in South Africa?

It can take a maximum of three months for summons to be issued in South Africa.

What happens if you lose in Small Claims Court and don’t pay?

Normally if you don’t pay the judgment fee within thirty days, you will pay interest on the judgment fee charged or the court may seize your salary or property.

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