Good day, I would like to know what the ...

Asked by karenlti on 23-11-2020 11:22:12
Question posted in the General Law category relating to Eastern Cape

Good day, I would like to know what the procedure is to defend a small claim against me(the company). I work for the company and reside in the Eastern Cape, however the court summons is for the Tshwane- Pretoria district. The claim is also for R20 000.00.

I can not get to the hearing as I do not reside in the area, I reside and work in the Eastern Cape.Can I get someone to file an affidavit for me, on my behalf declaring that I need judisdiction to be moved to the Eastern Cape, and that the summons be made out  on the company name only. Do they appear the court hearing or and on the day of the hearing, and what is the full process to do so.

Kind Regards 


Answer to the Question

Posted by Att. Patrick on 24-11-2020 09:42:01

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Yes, you should get somebody to file an affidavit for you explaining that the small claims court in Pretoria does not have jurisdiction to deal with the matter since you live in Eastern Cape. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.