If you are not represented by a lawyer, you can consult Maine Courts Guide & File “Start a New Deposit” and select “Small Claims” as the filing type. Go through the Guide & File interview to fill out the forms online and file them with the Bangor District Court. E-filing is currently not available for cases brought before other district courts. As a defendant in a small claims case, there are several things you can do to respond: Anyone can file a case or be a defendant in Small Claims Court, with a few exceptions. For example, you can`t sue a city or municipality in Small Claims Court. Small claims courts deal with small civil claims up to R20,000 quickly, affordably and easily without hiring a lawyer. Visit the Department of Justice website for more information on issues that can be brought before Small Claims Court. Small claims court judgments carry the same weight as those of any other court in this country and can be enforced in the same manner. For administrative reasons, enforcement proceedings are dealt with by the Magistrates` Courts.
Read the Small Claims Guide for a full explanation of the court case, definitions of key terms and additional resources. A printed copy of the guide and blank court forms are available at each office of the District Court Registrar. Small claims courts are specifically designed for people who wish to make such claims. A corporation or other legal entity cannot use the courts as a plaintiff or plaintiff, but can be sued in those courts by individuals. Either party may file a notice of appeal within 30 days of the loss of a minor cause. A plaintiff can only appeal on a point of law, which means that the judge erred in applying the correct legal principle to the case. The defendant may appeal on a point of law or a question of fact. As the courts are small claims courts, jurisdiction is limited to disputes involving claims of R20,000.00 or less. There are also certain types of cases that cannot be brought in small claims courts.
The FAQ page elsewhere on this website contains detailed information on this topic. If you wish, you can get legal advice before going to court. Legal assistants and small claims court clerks can help you free of charge. Determine which Smalls Claims Court you should file the claim with. You must determine which small claims court has jurisdiction over your dispute. You will generally file your claim with the competent court in the jurisdiction where the person with whom you wish to make a claim (the defendant) lives or works. Consult the list of small claims courts and compare the grounds of jurisdiction set out in section 14 of the Small Claims Courts Act 61 of 1984 (“the Act”) to determine where you should make your application. You can also bring your claim in the court where the entire cause of action arose. An example would be if a traffic accident has occurred that gives rise to a claim for damages. Since this concept can become technical, it is safer to consult the clerk of the court if you do not file the application with the court where the defendant lives or works.
For more information on filing or responding to a small claims case, see the Small Claims Case Guide. If you have received notice that a small claims case has been filed against you, don`t ignore the case. Even if you do not have to provide a written response, you should be prepared to attend the hearing. Small Claims Court is a simple, quick and informal court proceeding in which the plaintiff (plaintiff) seeks monetary judgment of $6,000 or less. Parties involved in small claims cases often represent themselves, but may also retain a lawyer. The Small Claims Court is a session of the District Court. If you want to defend or contest the case, you must go to court and present your point of view at the hearing. If you don`t show up, you`ll probably lose the default case.
In 1984, the South African Parliament passed legislation to create courts throughout the country that would be able to deal with minor claims between its citizens related to their civil disputes (as opposed to criminal cases). The court clerk will review your documents and help you prepare the summons. The clerk of the court issues the summons and gives it to you for delivery to the opposing party or the sheriff of the court. The clerk of the court will also inform you of the date and time the case will be heard in court. The courts are run by commissioners who are judges, lawyers or practising lawyers, as well as law professors who are willing to give their time free of charge as a public service to provide people who have claims that do not justify the kind of legal fees that would be associated with invoking other courts in the country. resolve their disputes in a cost-effective and reasonably timely manner. Although any person has the right to bring a civil action in other courts, in particular the Magistrates` Courts or the High Courts, the nature of the proceedings before these courts makes it extremely difficult to do so without the assistance of qualified lawyers, whose fees would not be justified in the event of a lesser claim.
