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.

Get your New Brunswick small claims package — $14

Demand letter, claim summary, evidence checklist, and post-judgment collection guide — ready to use.

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 your provincial registry before completing your transaction.

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. 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.

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