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.
Alberta small claims guide
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Alberta Small Claims: Key Facts
Court
Alberta Court of Justice (Civil Claims, formerly Small 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
Starting form
Civil Claim CTS1461 (Alberta Court of Justice, Civil)
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: July 2026
The form that starts it, explained
Small claims in other provinces