Before commencing proceedings in court, a notice of intention to sue should be given to the debtor. If no notice of intention to sue is given, the costs of filing the claim will not be recoverable. Notice of intention to sue can be given by ...

The first step in making a claim is to find out exactly who you should sue. If you do not put the correct person’s name or business name on the forms, you may have difficulty obtaining judgment or a judgment made ...

Sometimes as a result of sending a Final Notice or following letters of demand it becomes clear that there is no real dispute. If an agreement can be reached to repay by installments there is now an option for the ...

If the debtor does not pay the debt, there are five options: Offering the debtor an Enforceable Payment Agreement Further negotiation Mediation Commencing legal action Writing the debt off Offering the debtor an Enforceable Payment Agreement (EPA) Form P2 Instead of taking legal action, ...

When pursuing a debt there are strict rules which apply to your behaviour. YOU MUST NOT: demand money without saying who you are and how much money is owed demand more money than is actually owed continue to demand money ...

Communication with the person who owes you money is important. Most debts can be resolved if both parties remain courteous and reasonable. Keep in regular contact with the debtor by mail, email or telephone so the debt does not fall to the ...

In both of these courts the procedures that are followed are similar to those in the general division of the Magistrates Court. Due to the commencement of the Uniform Civil Rules 2020, the previous District Court Civil Rules (2006) and Supreme Court Civil Rules ...

Claims for more than $12 000 can be commenced in the general division of the Court in much the same way as for a minor claim (Form 1 - Claim and Form 1S - Statement of Claim). A filing fee applies and the amount ...

If a party is dissatisfied with a decision of a Magistrate in a minor civil action, they can apply to the District Court for a review of the decision by a Judge [Magistrates Court Act 1991 (SA) s38(6)]. The application for ...

An order for recovery of property If an order for recovery or delivery up of possession of property has been made by the court, and the court order has not been complied with, you may ask the court to issue ...