Question posted in the General Law category relating to Western Cape
When I send a letter of demand via email does it have to be from a small claims court form or can I draft it myself. Also I do not have the home adress of the individual I'm claiming from because he has Over 15 fake addresses. I do have hos last know adress for operation of business. Will this suffice for small claims court. I have already sent him letter of demand twice over email.
Message from the Lawyer
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The small claims court can assist you with a template letter of demand which might assist you. There are also loads of letter of demand templates available on the internet.
But to answer your question, the letter of demand must be accurate and should be drafted by you. It should set out a brief history of the dispute/claim, and it should "demand" the other party to pay you whatever your claim is.
What I would do is to use the other templates as your recipe, and draft your own letter of demand. This will comply with the rules of court which simply say that you must have previously demanded payment.
If it is just a letter of demand, my first suggestion is that you email it to the defendant. My second suggestion is that you get the sheriff to deliver it to the defendant, at his "place of employment", being the last known address for the business. In that way, there can't be any dispute by the defendant that "he doesn't live there"... because you are alleging that he works at that address.
Yes, it will suffice.
If you have already previously send the letter of demand via email, then get the sheriff to deliver it to the business address, then issue the small claims court summons.
Message from the client
Message from the Lawyer
Are the the ones I sent which I did find templates online for including the official one from the small claims court not sufficient as it is law that these can be sent by email. -> You can send letters of demand via any method. The test is whether the defendant received the demand or not. Most people send letters of demand via registered post, and also email, and then (for good measure) get the sheriff to deliver a further copy.
Do I really now have to spend time and money reissueing a new demand letter and waiting before I get a summons. -> No, because you said that you've done it via email already. Just ensure that the summons is served on the defendant via the sheriff, then you should be good.
My emails and demand letters have been ignored for a moth now -> Then you are doing the right thing by issuing a summons out of the small claims court! Good luck!
Message from the client
Message from the Lawyer
Legally, no that's not true. Legally, you need to be able to convince the commissioner that - you have a claim, and that you made a valid demand, and that the defendant doesn't have any defence.
What you are hitting up against is the clerk of the court who has been told "email isn't good enough".
The email is good enough. The High Court and Magistrates Courts accept email demands everyday. Why should the small claims court be any different.
It shouldn't!
Message from the client
Message from the Lawyer
I'm really sorry about that. Legally, one does not need to issue a demand as the summons can actually constitute a demand. But we are now splitting hairs.