Small Claims Court Assistance

We frequently have clients requesting assistance with a matter in the Small Claims Court as the debt owing is usually too little to justify expensive litigation; the problem however is that legal representatives are not permitted to practice in the Small Claims Court. For this reason, below is an exposition of the process in the Small Claims Court to assist individuals which may not know how to go about a Small Claims Court Claim.

Less Known Courts

We have already discussed the Magistrates Court and High Court in a previous article, but these are the courts most people may at least have heard of. Similar, the Supreme Court of Appeal and Constitutional Court are a lot more popular due to media coverage surrounding maters heard in these courts. There are however many more courts in South Africa and the Magistrates Court is also divided into two separate courts, which few people are aware of. In this article, this fact along with many other facts about the less known courts will be discussed.

The Office of the Family Advocate

The Office of the Family Advocate is a branch of the South African judiciary and in fact assists the courts with all matters relating to minor children and the best interests of such children.

The Family Advocate also assists parents in court proceedings such as in divorce actions or custody applications to reach agreements on disputed issues of care, contact and guardianship related to children.

The Trial Process

Few people have ever appeared in court and those who do usually not more than once or twice. Even fewer of these people ever appear at trial proceedings. Below is an exposition of the process which involves all parties, be they attorneys, advocates, subpoenaed witnesses or the parties themselves.


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