Small Claims Court in New Brunswick (2026)
File a claim for up to $20,000 in New Brunswick without a lawyer. Here's exactly what to do — step by step.
Get your New Brunswick small claims package — $14
Demand letter, claim summary, evidence checklist, and post-judgment collection guide — ready to use.
New Brunswick Small Claims — Key Facts
Court
New Brunswick Small Claims Court
Claim limit
$20,000 — New Brunswick Small Claims limit is $20,000.
Filing fee
$50 for claims up to $2,000; $100 for $2,000–$20,000
How to file
File at the Provincial Court (Small Claims Division). Clerk assigns a hearing date and serves the defendant.
Serving the defendant
Court serves defendant by registered mail. If unsuccessful, claimant must arrange personal service.
Step-by-Step: Filing in New Brunswick
- 1
Send a demand letter.
- 2
File the claim at Provincial Court (Small Claims Division).
- 3
Attend the hearing.
- 4
Enforce the judgment if not paid.
What Happens at the Hearing
Informal hearing before a judge. Parties present their case; judge decides.
After You Win: Collecting Your Judgment
Enforce judgments through garnishment or seizure of property.
If the Defendant Counterclaims
Defendant can file a counterclaim. Excess over $20,000 must be abandoned.
New Brunswick-specific things to know
- •New Brunswick limit is $20,000.
- •2-year limitation period.
Common Questions
Do I need a lawyer for small claims in New Brunswick?
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 $20,000?
You can either waive the amount above $20,000 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 New Brunswick 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
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