How to Institute a Small Claim
Step 1: Contact the Opposing Party
Contact the opposing party (the person against whom you are instituting legal proceedings) either in person, in writing or by telephone call and request them to satisfy your claim.
Step 2: Letter of demand
If the opposing party does not satisfy your claim, send them a written demand setting out the facts on which the claim is based and the amount you are seeking. Afford the opposing party 14 days from receipt of your letter to settle your claim.Use the Notice of Demand form for this action. Deliver the demand by hand or registered post to the opposing party.
Step 3: Going to a Court Process Server/Clerk.
If the defendant is adamant, proceed to institute a small claim by filing a Claim Form. You must attach to the claim
If the defendant is adamant, proceed to institute a small claim by filing a Claim Form. You must attach to the claim
- Proof that the demand in step 2 was delivered.
- A copy of any agreement, document or other proof upon which the claim is based;
- Indicate the full name and address of the intended defendant;
- and give any other information relevant for the speedy disposal of the claim.
Upon examining your documents the clerk/court process server will assist you in drawing up the summons. The clerk of the court will issue the Summons and hand it to you to hand to the opposing party.
The claimant or Court process will within seven days of service, file an Affidavit of Service, showing proof of service of the claim upon the defendant.This affidavit of service must also be attached to the claim copy.
The claimant or Court process will within seven days of service, file an Affidavit of Service, showing proof of service of the claim upon the defendant.This affidavit of service must also be attached to the claim copy.