Good day, 

I would like advice on what to do if someone owes me money, and he keeps promising to pay it but this has not happened as yet. I have proof via messages exchanged between him and I, where he states he would repay the money, and admits that he knows he should repay it, but hasnt done so until now. Everytime its a new excuse. The total amount owed is over R10 000.  

What can I do in this instance, please? 

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship.

The fact that he has admitted that he owes you the money, and promises to repay it, means that you are not at risk of your claim prescribing. This is good news for you. 

If he just won't stick to his word, the best thing that you can do is to go to the small claims court and issue a summons against him for the recovery of the loaned amount. 

The clerk of the small claims court will be able to assist you with the correct forms and assist you in completing the claim form.

You need to do this without an attorney that will save you time and money. You can read up here www.justice.gov.za/scc/scc.htm to find out more information from the Department of Justice's website. You can see www.smallclaimssa.co.za for details on where to find a court near you and you can then institute the action.

The good part is that it is a quick, cheap and simple procedure. The other good part is that attorneys are not allowed there.

The court is headed by a commissioner who is entitled to make a decision which is then legally binding on both parties, but only after he has listen to evidence from both parties. 

This is, by far, the best thing that you can do!