How to get YOUR money back!

I am finally back after a WHOLE year! Let us jump right into it.

We all know that saying of “money is the root of all evil”, and it truly is because money can destroy all forms of relationships. I borrowed a former romantic partner money in their time of NEED, but once they got right back on their feet, I was the fool chasing them for my money while they were going out to eat and talking about going to Cape Town. I was patient for 2 months then decided to use my legal rights because I have the knowledge and know the procedure. Unfortunately, it got to that point and consequently the demise of our relationship. Fortunately, I got my money back!

After that experience I thought about imparting this information to others. You do not need to involve legal practitioners if your claim is minor, so if would like to save your coins, then take the time out of your day and head down to the Small Claims Court at your nearest Magistrate Court. The legal assistants and clerks of the Magistrate Court will assist you free of charge. They will assist you with the procedure of claiming your monies owed to you from the debtor:

UNDEFENDED CLAIM

1. Your claim must be less than R20 000.00

2. If your claim is more than R20 000.00 then you may abandon the excess amount and only claim for R20 000.00 should you wish for your matter to be heard in the Small Claims Court.

3. The clerks will assist you in drafting a letter of demand to the debtor stating that they owe you a certain amount of money, and that the debtor should settle this amount within 14 days (calendar days – counting weekdays, weekends and public holidays), and should they fail to settle the debt then you will institute legal action against them.

4. A copy of the letter of demand will be made for you to either hand deliver, where the debtor will be made to sign the original letter of demand as an acknowledgment that they did receive the copy of the letter of demand. (I do not know if it is for all matters, but I have seen in some instances clerks tell the members of the public to go to the SAPS (South African Police Station) and request that they escort you when delivering the letter of demand).

5. Should the debtor fail to settle the debt within 14 days, then you must return to the Small Claims Court with the letter of demand where the debtor acknowledged having received the letter, and notify the clerks of the court that you would now like to institute legal action against the debtor.

i. Please bring any documentation (if you have) that could be evidence which will be attached to the Summons as annexures (supplementary documentation), such as agreements, screenshots of WhatsApp conversations, bank statements, receipts and etc.

ii. 5(i) does add more meat to your version, but should you not have it, it is not a train smash, at all.

6. The clerks will assist you in opening a court file with a case number, and drafting and issuing Summons on your behalf.

7. The clerk will write on the Summons the time and date of the (court) hearing, and also inform you of same.

8. A copy of the issued Summons will made for you, in order to serve on the defendant (debtor) by way of a Sheriff (within the jurisdiction of the defendant’s residence).

i. This service fee is payable

ii. The sheriff will need both the original and copy of the Summons to serve on the defendant (debtor).

iii. The defendant (debtor) will receive the copy and the sheriff will return the original Summons with a return of service (which is documentary proof that the defendant was served and received the Summons notifying them of the time and date of the court hearing) to the offices for your collection.

9. Once you have collected the original Summons and return of service from the sheriff’s office, you must return to the Small Claims Court and file same with the clerk of the court, 5 court days (business days, in a sense) before the court hearing.

i. E.g. the court hearing is on 22 March 2023 at 08h30 at the Durban Magistrate Court, you will need to have filed the return of service by 15 March 2023 (we do not count public holidays and weekends when counting court days).

DEFENDED CLAIM

10. The defendant (debtor) may defend the claim by also going to the relevant Magistrate Court to get assistance from the legal assistants and/or clerks of the court to defend the claim.

COURT PROCEEDINGS

11. Both the Plaintiff (creditor) and the Defendant (debtor) must appear in order for the presiding officer to make a judgment based on the Summons and Plea/counterclaim and evidence, and/or witnesses.

12. Should the Plaintiff (creditor) not be in attendance then the Defendant(debtor) may request for the claim to be dismissed.

13. Alternatively, should the Defendant (debtor) not appear before the court, then the Plaintiff may request for the claim to be granted.

In my instance as having mentioned above, I was fortunate that a letter of demand was more than enough to get my money back, and did not have to institute legal action.

I hope the information above will be of great, speedy and efficient assistance should you need to use your legal right against someone that has no principles, moral and mutual respect.

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Have a blessed day!