Guidepost

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.

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New Brunswick small claims guide

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  • New Brunswick small claims process, step by step
  • What to bring as evidence
  • Blank demand letter template (fill in before filing)
  • Filing limits and court locations in New Brunswick

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Informational guide only. Guidepost is not a law firm. This guide explains the typical process and is not legal advice. Requirements can change. Verify current rules with the relevant government authority or a qualified professional before you act.

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

Starting form

Claim Form 1

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. 1

    Send a demand letter.

  2. 2

    File the claim at Provincial Court (Small Claims Division).

  3. 3

    Attend the hearing.

  4. 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.