Forms

Copy-and-paste templates and printable PDFs: the Letter of Demand, Acknowledgment of Receipt, the five sworn affidavits and the counter-claim.

Every form below can be copied and pasted into a document, or downloaded as a PDF to print. The small claims office will also give you a Letter of Demand and help you fill it in, free of charge.

Not sure which one you need? Getting Started explains when each form is used.

Note from the editors

An affidavit must be signed in front of a Commissioner of Oaths, such as a police official at any police station. Fill in the blanks, but don't sign until you are in front of them.

Letter of Demand

The first step in every claim. It gives the defendant 14 working days to pay. Make two copies: one for the defendant, one to hand in at the small claims office.

Download as PDF

Letter of Demand

TO: (Defendant's name and address)

FROM: (Plaintiff's name, address and contact telephone number)

DATE:

WRITTEN DEMAND IN TERMS OF S 29 (1) OF THE SMALL CLAIMS COURT ACT (61 OF 1984)

Take note that the undersigned hereby claims from you the sum of R – , in respect of (give brief details, such as “unpaid loan”, or “collision damage”)

Take note further that unless the said sum is paid to the undersigned within 14 days from receipt of this letter, summons will forthwith be issued against you.

SIGNED BY PLAINTIFF

Acknowledgment of Receipt

Take this with you when you hand-deliver the Letter of Demand, for the defendant to sign.

Acknowledgment of Receipt

The Defendant hereby acknowledges receipt of a small claims Letter of Demand from (name of Plaintiff), issued in terms of the Small Claims Court Act 61 of 1984.

Date of hand-delivery:

Signature of Defendant:

Sworn affidavits

Signed by the person who hand-delivered the Letter of Demand, as proof of delivery. Choose the one that matches what happened.

Affidavit 1: Defendant accepts the Letter of Demand and signs for it

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Affidavit 1

SWORN AFFIDAVIT

I, the undersigned, (YOUR NAME) do hereby make Oath and say that:

  1. The facts herein set out are, save where the context indicates otherwise, within my personal knowledge or belief, and are true and correct.

  2. I am an adult male/female, and in the process of lodging a claim as the Plaintiff in the Small Claims Court.

  3. On (DATE AND TIME) I hand-delivered a Letter of Demand in terms of S 29(1) of the Small Claims Act (61 of 1984) at the defendant’s work place/residence.

  4. Defendant accepted the letter, and signed an Acknowledgment of Receipt, as my proof that he/she has in fact received the Letter of Demand.

SIGNED AT (PLACE) ON (DATE)

PLAINTIFF’S SIGNATURE

I certify that:

  1. The Deponent acknowledged to me that:
    a) He/she knows and understands the contents of this Declaration
    b) He/she has no objection to taking the prescribed Oath
    c) He/she considers the prescribed Oath to be binding on his/her conscience.

  2. The Deponent thereafter uttered the words, “I swear that the contents of this Declaration are true, so help me God”.

  3. The deponent signed the Declaration in my presence, at the address set out hereunder, on this ____ day of ___________, 20.

COMMISSIONER OF OATHS
Full names:
Designation:
Address:
Date:

Affidavit 2: Defendant accepts the Letter of Demand but refuses to sign for it

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Affidavit 2

SWORN AFFIDAVIT

I, the undersigned, (YOUR NAME) do hereby make Oath and say that:

  1. The facts herein set out are, save where the context indicates otherwise, within my personal knowledge or belief, and are true and correct.

  2. I am an adult male/female, and in the process of lodging a claim as the Plaintiff in the Small Claims Court.

  3. On (DATE AND TIME) I hand-delivered a Letter of Demand in terms of S 29(1) of the Small Claims Act (61 of 1984) at the defendant’s work place/residence.

  4. Defendant accepted the letter, but refused to sign an Acknowledgment of Receipt as my proof that he/she received the Letter of Demand.

SIGNED AT (PLACE) ON (DATE)

PLAINTIFF’S SIGNATURE

I certify that:

  1. The Deponent acknowledged to me that:
    a) He/she knows and understands the contents of this Declaration
    b) He/she has no objection to taking the prescribed Oath
    c) He/she considers the prescribed Oath to be binding on his/her conscience.

  2. The Deponent thereafter uttered the words, “I swear that the contents of this Declaration are true, so help me God”.

  3. The deponent signed the Declaration in my presence, at the address set out hereunder, on this ____ day of ___________, 20.

COMMISSIONER OF OATHS
Full names:
Designation:
Address:
Date:

Affidavit 3: Defendant refuses the Letter of Demand

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Affidavit 3

SWORN AFFIDAVIT

I, the undersigned, (YOUR NAME) do hereby make Oath and say that:

  1. The facts herein set out are, save where the context indicates otherwise, within my personal knowledge or belief, and are true and correct.

  2. I am an adult male/female, and in the process of lodging a claim as the Plaintiff in the Small Claims Court.

  3. On (DATE AND TIME) I hand-delivered a Letter of Demand in terms of S 29(1) of the Small Claims Act (61 of 1984) at the defendant’s work place/residence.

  4. Defendant refused outright to receive the letter, and I dropped it in his letter box/pushed it under the front door of his residence.

SIGNED AT (PLACE) ON (DATE)

PLAINTIFF’S SIGNATURE

I certify that:

  1. The Deponent acknowledged to me that:
    a) He/she knows and understands the contents of this Declaration
    b) He/she has no objection to taking the prescribed Oath
    c) He/she considers the prescribed Oath to be binding on his/her conscience.

  2. The Deponent thereafter uttered the words, “I swear that the contents of this Declaration are true, so help me God”.

  3. The deponent signed the Declaration in my presence, at the address set out hereunder, on this ____ day of ___________, 20.

COMMISSIONER OF OATHS
Full names:
Designation:
Address:
Date:

Affidavit 4: Receptionist accepts the Letter of Demand and signs for it

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Affidavit 4

SWORN AFFIDAVIT

I, the undersigned, (YOUR NAME) do hereby make Oath and say that:

  1. The facts herein set out are, save where the context indicates otherwise, within my personal knowledge or belief, and are true and correct.

  2. I am an adult male/female, and in the process of lodging a claim as the Plaintiff in the Small Claims Court.

  3. On (DATE AND TIME) I hand-delivered a Letter of Demand in terms of S 29(1) of the Small Claims Act (61 of 1984) at the defendant’s work place.

  4. The receptionist accepted the letter, and signed an Acknowledgment of Receipt, as my proof that he has in fact received the Letter of Demand.

  5. The receptionist undertook to pass the letter on to Defendant.

SIGNED AT (PLACE) ON (DATE)

PLAINTIFF’S SIGNATURE

I certify that:

  1. The Deponent acknowledged to me that:
    a) He/she knows and understands the contents of this Declaration
    b) He/she has no objection to taking the prescribed Oath
    c) He/she considers the prescribed Oath to be binding on his/her conscience.

  2. The Deponent thereafter uttered the words, “I swear that the contents of this Declaration are true, so help me God”.

  3. The deponent signed the Declaration in my presence, at the address set out hereunder, on this ____ day of ___________, 20.

COMMISSIONER OF OATHS
Full names:
Designation:
Address:
Date:

Affidavit 5: Receptionist refuses the Letter of Demand

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Affidavit 5

SWORN AFFIDAVIT

I, the undersigned, (YOUR NAME) do hereby make Oath and say that:

  1. The facts herein set out are, save where the context indicates otherwise, within my personal knowledge or belief, and are true and correct.

  2. I am an adult male/female, and in the process of lodging a claim as the Plaintiff in the Small Claims Court.

  3. On (DATE AND TIME) I hand-delivered a Letter of Demand in terms of S 29(1) of the Small Claims Act (61 of 1984) at the defendant’s work place.

  4. The receptionist refused outright to receive the letter on Defendant’s behalf.

  5. I accordingly dropped the letter in the post box at defendant’s place of work.

SIGNED AT (PLACE) ON (DATE)

PLAINTIFF’S SIGNATURE

I certify that:

  1. The Deponent acknowledged to me that:
    a) He/she knows and understands the contents of this Declaration
    b) He/she has no objection to taking the prescribed Oath
    c) He/she considers the prescribed Oath to be binding on his/her conscience.

  2. The Deponent thereafter uttered the words, “I swear that the contents of this Declaration are true, so help me God”.

  3. The deponent signed the Declaration in my presence, at the address set out hereunder, on this ____ day of ___________, 20.

COMMISSIONER OF OATHS
Full names:
Designation:
Address:
Date:

Counter-claim

For defendants who want to claim back from the plaintiff. See Counter-Claims for how it works and a full example.

Download the example counter-claim as PDF