Small Claims Court in Alberta (2026)
File a claim for up to $100,000 in Alberta without a lawyer. Here's exactly what to do — step by step.
Get your Alberta small claims package — $14
Demand letter, claim summary, evidence checklist, and post-judgment collection guide — ready to use.
Alberta Small Claims — Key Facts
Court
Alberta Civil Enforcement and Court of King's Bench (Civil Claims)
Claim limit
$100,000 — Alberta's Civil Claim (formerly Small Claims) limit is $100,000 as of August 1, 2023.
Filing fee
$100 for claims up to and including $7,500; $200 for claims over $7,500 up to $100,000
How to file
File a Civil Claim (formerly "Small Claims") at the Alberta Court of Justice. As of August 1, 2023, the limit increased to $100,000. File at the courthouse nearest the defendant.
Serving the defendant
Defendant must be personally served. Substituted service (by mail or on a third party) requires court permission. Affidavit of Service must be filed.
Step-by-Step: Filing in Alberta
- 1
Send a demand letter to the defendant with a reasonable deadline.
- 2
Gather your evidence: contracts, receipts, photos, emails, text messages.
- 3
Complete the Civil Claim form at the Alberta Provincial Court.
- 4
File and pay the filing fee.
- 5
Serve the defendant personally and file an Affidavit of Service.
- 6
Attend the hearing — present your evidence calmly and factually.
- 7
Receive the court's decision.
- 8
If defendant doesn't pay, use enforcement mechanisms (garnishment, writ).
What Happens at the Hearing
Provincial Court Civil Claim hearings are informal. Both parties present their evidence; the judge asks questions. No formal rules of evidence apply.
After You Win: Collecting Your Judgment
After judgment, enforcement options include: Writ of Enforcement (to seize property), garnishment of wages or bank accounts, Civil Enforcement Agency.
If the Defendant Counterclaims
Defendant can file a Dispute Note with a counterclaim. If counterclaim exceeds $100,000, the excess must be abandoned or the matter moved to Court of King's Bench.
Alberta-specific things to know
- •Alberta increased the limit to $100,000 effective August 1, 2023 (previously $50,000).
- •2-year limitation period from when you knew or should have known of the claim.
- •Both parties can bring a support person but not a lawyer advocate in most cases.
- •Witnesses can be subpoenaed to appear at the hearing.
Common Questions
Do I need a lawyer for small claims in Alberta?
No. Small Claims Court is designed for self-represented litigants. You may bring a lawyer if you choose, but it's usually not cost-effective for smaller claims. Most people represent themselves.
What if my claim is more than $100,000?
You can either waive the amount above $100,000 and file in Small Claims Court, or file in a higher court (Superior/Queen's Bench/Court of King's Bench) where lawyers are typically needed and the process is more formal and expensive.
How long do I have to file? (Limitation period)
Most claims in Alberta must be filed within 2 years of when you knew or reasonably should have known about the issue. Check your specific situation — some claims have shorter deadlines.
What if the defendant doesn't show up?
If the defendant was properly served and doesn't appear, the court will typically proceed and you may receive a default judgment in your favour. You still need to present your evidence.
Official sources
Last updated: June 2026
Get your Alberta small claims document package for $14.
Get documents →Small claims in other provinces