How to Complain if Someone Owes You Money

If someone (a debtor) owes you money, you can sue (institute a civil action against) him or her to recover the debt that he or she owes you. This means that you can have your debtor appear before the small claims court to try to make him or her return your money. The court makes the claiming process quicker and easier.

• If someone owes you money in your private capacity (in other words, you do not represent a company or close corporation), go to your nearest small claims court and sue your debtor.
• You do not need any attorney – a clerk of the court will help you complete the application forms.
• The clerk of the small claims court or the sheriff shall send a demand to the person whom you are suing (the defendant).
• If the matter is not resolved, the clerk of the small claims court shall set a date for a hearing, usually after hours, at which you and the defendant shall appear before the Commissioner for Small Claims.
• At the hearing you and the defendant will each be given a chance to state your case to the Commissioner. He or she may question you, and shall make an order after having heard you.
• You cannot appeal, unless there an irregularity had taken place – for instance, if the Commissioner knew the opposite party but did not ask to be excused from the case, which may have given the defendant an unfair advantage.
• To appeal, contact an attorney and ask that the matter be reviewed in the high court.