Small Claims Court letter of demand (section 29, Form 4)
The letter the clerkasks you for.
The Small Claims Court will not issue a summons until the debtor has had a written demand, delivered by hand or registered post, with at least 14 days to pay. This writer uses the words of the court's own Form 4.
Before you sue in the Small Claims Court, you must deliver a written demand to the debtor by hand or by registered post, giving them at least 14 days from the day they receive it to pay (Small Claims Courts Act, section 29). It must set out the facts, the date the claim arose and the amount, much like Form 4. Only a person can sue there, for up to R30,000.
The rules this writer applies
Each one with its source, so you can check it.
- Delivery
- By hand or by registered post. Nothing else counts for this court. Small Claims Courts Act s29 Form 4
- Time to pay
- At least 14 days, calculated from the date the debtor receives the demand. Small Claims Courts Act s29
- Content
- The facts the claim is based on, the date the claim arose and the amount, substantially as in Form 4. Rule 7 Form 4
- Proof
- An affidavit (Form 5) or a registered post receipt. Rule 7
- Who may sue
- Only a natural person. A company or close corporation can only be the defendant. Small Claims Courts Act s29
- Limit
- R30,000 from 1 August 2026 (it was R20,000). GN 7717
- Counting the days
- Leave out the day of receipt and include the last day; a last day on a Sunday or public holiday moves to the next day. Interpretation Act s4 Public Holidays Act
Can you use the Small Claims Court?
- You must be a person. Only a natural person may sue there (section 7(1)). A sole proprietor can sue in their own name; a company or close corporation cannot, and uses the letter of demand and the Magistrates' Court instead.
- R30,000 or less for claims from 1 August 2026 (Government Notice 7717, Gazette 55038). You may give up the part above the limit, but it is then lost.
- No bought debts: the court cannot hear a claim based on a cession (section 14(4)).
- No lawyers in court: each side appears in person and may not be represented (section 7(2)). The clerk helps you draw up the summons.
Form 4, in plain words
Rule 7 of the Small Claims Court Rules (in force since 1 April 2023) says the letter must set out the facts, the date the claim arose and the amount, and must substantially correspond with Form 4. Form 4's own words are: "You are required within 14 (fourteen) days from the date of receipt of this demand, to pay or to settle the amount of R____. If you fail to comply with this demand within the 14 (fourteen) days, I will institute action against you in the Small Claims Court to obtain a judgment for my claim against you." The writer uses that wording, with your facts filled in.
Counting the 14 days
Leave out the day of receipt and include the last day. If the last day is a Sunday or public holiday, the period runs to the next day (Interpretation Act, section 4). A letter handed over on Monday 2 November 2026 runs out at the end of Monday 16 November; you can go to the clerk on Tuesday 17 November. When you post it, count from when they receive it, not when you post it, so allow extra days.
At the clerk
- Go to the Small Claims Court at the magistrate's court where the debtor lives or works.
- Take the letter, the registered post receipt or Form 5 affidavit, the contract, invoice, messages or other proof, and the debtor's full name and address.
- The clerk sets a hearing date and issues the summons. You serve it on the debtor yourself, or give it to the sheriff to serve (section 29(2)).
- On the day, you and the debtor each explain your side to the commissioner, who decides.
Questions owners ask
What is a section 29 letter of demand?
The written demand that section 29(1)(a) of the Small Claims Courts Act requires before the court will issue a summons: delivered by hand or registered post, with at least 14 days from receipt to pay. Form 4 is the court's template for it.
Can I send it by email or WhatsApp?
Not for this court. Section 29 names only hand delivery and registered post. Send an email or WhatsApp copy as well if you like, but deliver the original properly.
What is the Small Claims Court limit in 2026?
R30,000 for claims from 1 August 2026 (Government Notice 7717, Gazette 55038 of 20 July 2026). It was R20,000 before that.
Can my company sue in the Small Claims Court?
No. Only natural persons may sue there (section 7(1)). A company can be sued there, but must itself sue in the Magistrates' Court.
Do I need a lawyer?
No, and you may not use one in court: each party appears in person (section 7(2)). The clerk helps you with the summons.
Who pays costs in the Small Claims Court?
There are no legal fees, because each side must appear in person and may not be represented (section 7(2)). You pay to deliver the letter and, if you use the sheriff, to serve the summons.
Next
Rather have it paid than go to court?
Planar collects overdue accounts for South African lenders and other businesses, in the payer's own language, and is paid only from what it recovers.
Sources
- Small Claims Courts Act 61 of 1984 (Department of Justice)
- Small Claims Courts Rules, GN R2573 of 7 October 2022: rule 7 and Form 4 (Department of Justice)
- Small Claims Court Form 4: letter of demand in terms of section 29(1) (Department of Justice)
- Government Notice 7717, Gazette 55038: Small Claims Court limit R30,000 from 1 August 2026 (Department of Justice)
- Small Claims Courts: how they work (Department of Justice)
- Interpretation Act 33 of 1957, section 4 (counting days)
- Public Holidays Act 36 of 1994 (gov.za)
- Prescription Act 68 of 1969 (Department of Justice)
Checked against these sources on 2026-10-29. General information, not legal advice.