Small Claims Court Cape Town: how to claim unpaid money (up to R20 000)
6 min read · General information, not legal advice
Quick answer
If someone in Cape Town owes you R20 000 or less, you can claim it in the Small Claims Court without a lawyer. It costs nothing to lodge a claim. First you must give the other side a written letter of demand and at least 14 days to pay.
Who can use it
Individuals (natural persons) can bring a claim. Companies and close corporations can't sue in the Small Claims Court, but they can be sued there. If you trade as a company, your claim usually goes to the Magistrate's Court instead.
Lawyers may not represent either side. You present your own case.
Step 1: send a letter of demand
Write a letter of demand that states the amount, what it's for, and a date at least 14 days away to pay. Deliver it by hand (get a signature) or by registered post and keep proof. Without this, the clerk can turn your claim away.
Step 2: go to the right court
Claims go to the Small Claims Court for the area where the other person lives or works. Cape Town has Small Claims Courts linked to magistrate's courts across the metro, so the right one depends on the suburb. Ask the clerk of the court at your nearest magistrate's court which Small Claims Court covers that area.
Step 3: lodge your claim
Take your ID, the letter of demand and proof of delivery, and the documents that prove the debt: contract, invoices, WhatsApps, bank statements, an acknowledgement of debt. The clerk helps you complete the summons and gives you a court date. You usually have to deliver the summons to the other side yourself, by hand or registered post.
Step 4: the hearing
A commissioner, often a volunteer attorney, hears both sides informally and decides on the day or soon after. If you win and they still don't pay, you can go back to the clerk about enforcing the judgment.
Prevent it next time
A signed contract with clear payment terms, and a signed acknowledgement of debt as soon as someone falls behind, make claims far easier to prove and stop the 3-year prescription clock.
More for Cape Town: contracts and local help in Cape Town.
Free to fill in
Letter of Demand
Fill it in online free, preview it as you go, then download Word + PDF from R199.
Frequently asked questions
What is the Small Claims Court limit?
R20 000. You can't split a bigger debt into smaller claims, but you may give up the amount above R20 000 to bring the claim.
How much does it cost?
Lodging a claim is free. You only pay your own costs, such as registered post and travel.
Can I claim from a company in Cape Town?
Yes. A company can be sued in the Small Claims Court, even though it can't bring a claim there itself.
How long do I have to claim?
Most debts prescribe after 3 years from when payment was due. A signed acknowledgement of debt interrupts prescription.
