The procedure of lodging a claim at the Small Claims Court is straightforward. Claims should be instituted by way of a letter of demand, which must be sent by registered post or be hand-delivered. In the letter of demand, the claimant should set out all the relevant facts which give rise to the claim, and also specify the amount being claimed. The claimant should give the opposing party 14 working days to settle the claim, which is calculated from the date of receipt of demand by the defendant.
The Act provides that upon proof submitted to the clerk of the court that the requirements regarding the letter of demand have been complied with; and if the clerk of the court is satisfied that the plaintiff is a natural person; and that the summons comply with the requirements, the clerk of the court shall set a date and time for the hearing of the action and issue the summons. The summons will then be served on the defendant personally or by the sheriff of the court.