Can you open a case online in South Africa?

• STEP 1: Report the incident to the police station so that a docket can be opened.
• STEP 2: The crime will then be investigated by an Investigating Officer.
• STEP 3: A docket will be sent to the court, and a prosecutor will then decide if a further investigation is necessary.

Can you open a case for someone who owes you money in South Africa?

If someone owes you money and they refuse to pay you at the agreed time, you may take the matter to the Small Claims Court. If someone has bought goods such as furniture from you and they have failed to pay for it, you can take the matter to the Small Claims Court.

How long does it take to press charges on someone?

So, how long does it take to press charges on someone? In general, if a prosecutor decides to go ahead with criminal charges, they'll make the decision within just a few days, well within the statute of limitations.

What is the minimum amount for small claims court in South Africa?

It is a court that allows a person (“plaintiff”) to institute a claim of R20 000 or less. No legal representation by an attorney or advocate is allowed in the SCC.

How can I talk to a lawyer for free in South Africa?

To qualify for free legal assistance, a person must comply with a 'means test' (a maximum monthly or no income) and have a legal problem with merit. You will be referred to an attorney by the Legal Practice Council who will assist you free of charge (pro bono).

What happens if you sue someone and they have no money?

The California statute of limitations for filing a judgment is ten years. If the debtor cannot pay or complete payment within this time, you must renew the judgment. The judgment must continue to be renewed to ensure the debtor pays the full amount.

What happens if you don't show up to court in South Africa?

The warrant for your arrest would be forwarded to the police and they would be asked to find you, arrest you, and then bring you to court on the next date. Unfortunately you don't know when the police would come looking for you.

How do I take someone to court in South Africa?

GO TO THE CLERK OF THE COURT

The person's personal and contact details. The clerk of the court will prepare a summons which will force the person to come to court at the set date. The summons will be delivered by you or the sheriff of the court.

How does a criminal case work in South Africa?

The South African system today is basically accusatorial: that is, the state accuses and the accused defends. The accusation and its proof are state-driven, with a state-appointed prosecuting authority.

What happens to first time offenders in South Africa?

The criminal record of the accused, for example, an accused who has never committed an offence before will generally not get a sentence of imprisonment, unless the offence is of a serious nature, for example, murder.

Can I leave the country if I have a court case?

For civil cases, generally, there are no restrictions on travel unless specifically ordered by the court. However, if it's a criminal case, you may have conditions placed on your travel, especially if you've been released on bail or your travel could be seen as a risk of flight.

How long does it take to get a court order in South Africa?

Court orders will usually be received in person on the day of the judgement in court. In some cases the court may require more time and you will be advised to return to collect the judgement and the court order at a later date.

How much does a lawyer cost in South Africa?

Understanding lawyer costs in South Africa

Junior counsel: Newer attorneys, or those with less experience, usually charge between R900 and R1,200 per hour. Mid-level attorneys: More experienced lawyers may charge between R1,200 and R4,000 per hour.

Can I chat with a lawyer for free?

In California, as in other states, free legal advice is available by simple calling 1-800-THE-LAW2 and getting connected to one of the attorneys in our network. In fact, we've been serving Californians and the local community since the 1980s.

Are you allowed a lawyer if you can t afford one in south africa?

Legal Aid South Africa's role is to provide legal aid to those who cannot afford their own legal representation. This includes poor people and vulnerable groups such as women, children and the rural poor. Legal Aid SA applies a 'means test' to see whether you qualify in terms of what you earn.

What can I do if someone owes me money in South Africa?

If someone owes you money, you can sue that person to recover the debt that they owe you. This means that you can have a debtor appear before the Small Claims Court to try to make them return your money. This court makes the claiming process quicker, easier and less expensive.

Can a summons be served by email in South Africa?

Fortunately, both the magistrates' courts rules and the High Court uniform rules allow the serving of documents via electronic mail. Magistrate's Court: The service of summons has not changed and should be served by the Sheriff.

What to do if someone doesn't pay you back?

Do you automatically go to jail if someone presses charges?

The police won't always arrest someone and take them to jail when a criminal report is filed against them or the prosecutor chooses to press charges. Whether the police take you to jail or not before trial depends on how much the police consider you a threat in your likelihood to: Run away.

What happens if someone doesn't press charges?

If a prosecutor believes a defendant poses a threat to public safety, they can proceed with charges even if the victim does not want to press charges. This decision prioritizes public safety over the victim's preferences and is common in cases involving serious crimes or repeat offenders.

Can I sue after being found not guilty?

Yes. Dropped charges could make a malicious prosecution claim possible. But when a verdict was rendered, it may be more difficult to pursue a civil claim after the fact. Before a criminal case can proceed to the trial phase, the court must find probable cause.