Small Claims Court in New Brunswick (2026)
This page is the free New Brunswick guide. No sign-in. Read on, or take the checklist as a PDF.
Facts checked October 2026 · See what changed · How we check
File a claim for up to $20,000 in New Brunswick without a lawyer. Here's exactly what to do, step by step.
New Brunswick small claims guide
Keep it with the rest. This one files behind tab 12 of the Home File.
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New Brunswick Small Claims: Key Facts
Open this section ↓↑ Close this sectionCourt
New Brunswick Small Claims Court
Claim limit
$20,000: New Brunswick Small Claims limit is $20,000.
Filing fee
$50 for claims of $3,000 or less; $150 for claims exceeding $3,000
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.
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Step-by-Step: Filing in New Brunswick
Open this section ↓- 1
Send a demand letter.
- 2
File the claim at Provincial Court (Small Claims Division).
- 3
Attend the hearing.
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Enforce the judgment if not paid.
- 1
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What Happens at the Hearing
Informal hearing before a judge.Open this section ↓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. A counterclaim above the court's limit goes to the higher court; check the rules.
↑ Close this sectionNew Brunswick-specific things to know
- •New Brunswick limit is $20,000.
- •2-year limitation period.
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Common Questions
Do I need a lawyer for small claims in New Brunswick?Open this section ↓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
Facts checked October 2026
↑ Close this sectionSmall claims in other provinces
Done for you
Small Claims Package$14
- Demand letter
- Claim summary worksheet
- Evidence checklist
- Post-judgment collection guide
Demand letter + claim worksheet + filing guide
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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.