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.
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