Small claims court

**garthu** · 25-Jan-11, 03:03 PM

Hiya all,

Does anyone know if a natural person can represent ANOTHER person in small claims court via a affidavit/power of attorney.

In a nutshell, my aunt in Malawi is owed R5000 by a company here. Have all emails etc regards but she cannot attend as a trip back here hardly makes it worth it.

Anyone know???

**Hello! Rewards** · 25-Jan-11, 09:52 PM

Hi what has she done to try get the money? The problem is that small amounts of money seldom justify legal action.... We can help you out with legal letters and a summons but taking it to court will cost you more than the amount owed at the end of the day...

**garthu** · 26-Jan-11, 08:57 AM

Hi Small claims court is no lawyers or costs. These guys wont respond to legal letters, done that ourselves as i have lots of experience down that line as well.

The only cost for SCC if memory serves is the summons and the sheriffs fee i think about R250.

This is a VERY large group so to get them in there without there attorneys, that will just be fun to not have the little pr.... hiding behind him.

Thanks for the offer though!!

**Dave A** · 26-Jan-11, 12:06 PM

Originally Posted by garthu

...so to get them in there without there attorneys...

That's been my thinking why chances of the plaintiff being able to designate a representative are low. If it was OK, you could slip in a lawyer to argue the case if you wanted to.

But I don't know for sure.

**garthu** · 26-Jan-11, 02:02 PM

I'm not 100%, but i think both parties are not allowed attorneys at all. It helps keep the arguments "english" so to speak and the judge himself decides what is and what isn't.

It is almost therefore based on moral issues as well as law.

**tec0** · 27-Jan-11, 10:23 PM

It is been my experience that more and more people are losing significant amounts of money and the courts is less and less accessible. Perhaps going to the small claims court is the wrong way of doing things.

Sue them rather for the R5000 owed and expenses? Maybe if the other person stands to lose more than R5000 will he/she they pay the R5000 to minimise their losses?

After all you have the proof so go to a lawyer and see if you can turn this dispute into a criminal offence. If the case is criminal in nature I found people pay quicker to avoid prison?

**murdock** · 28-Jan-11, 07:42 AM

the one and only time i have wasted my time taking soemone to small claims court we had to attend in person...after 2 years of smalls court visits i decided to take other measure to get my money...which worked...the plumber and builder are still out of pocket...what i found was it is for the domestics taking the madam to court...90 % of the cases...other 10 idiots like me wasting my time...i dont waste my time taking people to court for outstanding money...its cheaper to write it off.