Your claim will be heard in the Small Claims Court in the area where the defendant lives, or where the “cause of action” arose – you can choose either of these two options. The legal term “cause of action” means the reason for your claim (or what caused your claim). For example, if you park your car outside your home, and Fabio smashes into it, the cause of action will be the collision that was caused by Fabio. However, Fabio lives in Pretoria, and you live in Johannesburg. Which small claims court should you take the case to? You can choose to take the claim to the Pretoria Small Claims Court (where the defendant, Fabio, lives) or to the Johannesburg small claims court (where the cause of action arose).

If the Magistrate’s Court for the area where you live has a Small Claims Court, phone and ask the Clerk of the Small Claims Court for help. If the Magistrate’s court for your area does not have a Small Claims Court, the Clerk of the Civil Court will advise you where to take your claim.