Page 44 - Personal Underwriting Mandates & Guidelines - Binder product rules & addendums - Version 1

1.4
1.3.4 Again, the Clerk of the Small Claims Court will assist you in preparing the summons. The summons must:
1.3.4.1 contain the me, date and place of the trial which must not be less than 10 (ten) days from the date the summons is served on the defendant by the Sheri of the Court; and
1.3.4.2 advise the defendant that he is en tled to formulate his defence to your claim in the form of a wri en statement that he must serve on you; and
1.3.4.3 contain the par culars of your claim and specify how much of your claim has been abandoned (if you have had to abandon a por on of it to bring your claim within the R3 000 (three thousand Rand) limit); and
1.3.4.4 advise the defendant that default judgement may be obtained against him if he does not appear in Court on the day of the trial; furthermore, that the defendant can consent to a judgement against him and, where he elects to do so, he must approach you and that upon his failure to pay once judgement is awarded against him for payment of the money, an inves ga on may be conducted into his nancial a airs; it must also advise him of the fee payable to the Sheri for service of the summons.
1.3.5 The defendant must provide a wri en statement se ng out the basis of his defence and why he feels that he is not liable for your claim and this “statement of defence” must be led at Court and given to you at any me before the hearing – even on the day of the hearing.
What happens at the hearing?
1.4.1 A Commissioner (who can be a Magistrate, an a orney or an advocate of substan al experience) presides over the hearing. Each party presents his/her case and the Commissioner can ask ques ons and direct that further evidence be required if necessary.
1.4.2 The par es should bring to court whatever witnesses are relevant to their case.
1.4.3 An order for costs in the Small Claims Court may only include Court fees (being the prescribed amount for the issue of the summons) and the Sheri 's charges for serving the summons.
1.4.4 If judgement is granted in the form of payment of a sum of money by the defendant to the plain , the Commissioner must enquire from the defendant whether he is able to pay the judgement debt and costs and if he says that he is not able to, the Commissioner may conduct an enquiry into the defendant's nancial posi on and then order how the defendant must pay.
1.4.5 If the Commissioner is not sa s ed that you have made out a case against the defendant, he will either dismiss your claim or absolve the defendant.
1.4.6 The decision of the Small Claims Court is nal and no appeal may be lodged against its decision.
You may locate the Small Claims Court for your magisterial district by telephoning the Magistrate's Court at the telephone number you will nd in your local telephone directory.
1.5
Recoveries and Third-party Procedures
Page | 42
Binder Claims Mandates and Guidelines – 2015/2016