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Preparing for the Small Claims Court

By admin
26 December 2013

Preparing for the Small Claims Court

You have now gone through the process of taking the defendant to the Small Claims Court (SCC). You have given him a Letter of Demand and the Sheriff has delivered a summons on the borrower.

You must make sure that the summons was actually delivered to the borrower, otherwise the Commissioner (magistrate) won’t hear your case. In order to prove the service you need to ask the Sheriff of the Court for the return of service (proof of delivery).

Ensure that you take with you a copy of the letter of demand and the summons, as well as proof of service for both, when you attend court on your court date. If you do not go to court on the appointed day your case will be thrown out of court or it may even be dismissed.

Remember, you will also need to take evidence to court in support of your claim: for example, your loan agreement and witnesses to the agreement (people who have knowledge of the agreement and what happened).

They may need to testify (promise the court that what you are saying is true) in support of your claim. Remember to prepare before you go to court so that you can tell your story clearly without hesitation. Contact Scorpion Legal Protection to advise you of your rights.

Click here for more information regarding Scorpion Legal Protection and money owed.