DEAR Editor,-
Maybe this would be of some interest to your readers.
Ever had somebody owe you money, borrow from you when you have done work for them and not been paid, only empty promises? Well, I did and decided to go the legal route.
I thought that going to the small claims court would not help, but it did. Let me explain how, and maybe somebody out there can benefit from my first-hand experience.
Ensure that you have solid proof of the person owing you money and go the the small claims court in Port Shepstone or in the area you reside in to register your case. Complete both the three-page ‘particulars of contemplated claim form’, as well as the ‘letter of demand form’ given to you at the court.
Take this to the Sheriff of the Court at Umtentweni (039 6950091), pay a minimal fee and have a letter of demand served.
Follow up with the sheriff and collect the report proving the letter of demand was served. Wait 14 days from date of receipt of the report.
No payment yet? Go back to the small claims court in Port Shepstone and ask them to complete the three-page summons commencing action, which will be typewritten with a court date and stamp on it.
Now, go back to the sheriff of the court and pay the minimal fee to have this document served.
You might now get some phone calls with promises of back-payment, but do not accept it, as it is normally empty words. Go to court on the date advised, with your proof and all documents in your possession. The maximum amount you can claim for is R12 000.00, but at least it is better than nothing.
The court orders the defendant to pay you an amount, which is discussed in court, on a monthly basis, and after winning your case, the defendant has to pay you back (including the costs spent at the sheriff of the court), plus interest.
It might take some time out of your busy day, but you will show people that you mean business and that they should pay what they owe you. I hope this will help at least one person to get their money back.
YOLANDA DEYSEL
Margate
