Alberta Small Claims Court: How the Process Works in 2026

If someone in Alberta owes you money and will not pay, the Alberta Court of Justice is the court that handles civil claims up to $100,000. It used to be called the Provincial Court of Alberta until April 2023, and you will still see the old name in older articles and forum posts. The judges are now called Justices, the rules are in the Court of Justice Civil Procedure Regulation, and the process is designed so you can do it yourself without a lawyer.

Here is how the full process works, from the first demand letter through to collecting the money.

Sending a Demand Letter First

A demand letter is not legally required, but it makes your claim stronger. It proves you gave the other side a chance to pay before you spent money on court fees.

The letter should include the full legal name of the person or company you are writing to, a clear description of what they owe and why, the exact dollar amount including any interest, and a deadline to pay — 10 to 14 calendar days from receipt is standard. Send it by registered mail or trackable courier so you have a delivery receipt.

If the amount comes in or you reach a settlement, you are done. If the deadline passes with no response, you file your claim.

Filing Your Civil Claim

You start the process by completing Form CTS1461 (Civil Claim) and filing it at the court registry closest to where the problem happened or where the defendant lives or does business. The filing fee is $100 for claims up to $7,500, or $200 for claims between $7,500.01 and $100,000. If you are on a low income, you can apply for a fee waiver using Form CJS-FW-1.

The claim form asks for the full legal names and addresses of everyone involved, a plain-language description of what happened and when, and the exact amount you are claiming. You state facts — you do not need to cite statutes or make legal arguments. Do not attach documents to the claim form itself; evidence comes later in the Trial Statement stage.

Before you file, verify the defendant's legal name. If you are suing a business, order a Corporate Registry (CORES) search to confirm the exact incorporated name. Suing the wrong legal name can get your claim thrown out.

Serving the Defendant

After the court stamps your claim, you must serve the Civil Claim and a blank Dispute Note on the defendant within one year after filing. There are two main methods:

Personal service means serving the stamped claim and blank Dispute Note directly on the defendant, or leaving them at an individual's most usual residence with a resident there who appears to be 16 or older. For a corporation, you may serve the registered office address found in the CORES search or a director.

Recorded mail means sending the claim and blank Dispute Note by registered mail or trackable courier. The defendant or someone signing on their behalf may acknowledge receipt.

After serving, you file an Affidavit of Service (Form CTS11420) at the court registry. This sworn document proves the defendant was served.

If you cannot locate the defendant, you can apply for a Substitutional Service Order by filing Form CTS1475 with an affidavit explaining what you tried.

Waiting for the Response

Once served, the defendant has 20 calendar days (if served within Alberta), counted from the day after service, to file a Dispute Note at the court registry. If served elsewhere in Canada, they get one month; outside Canada, two months.

If the defendant does nothing, you can apply for default judgment. You file a Request to Note in Default (Form CTS3646) and a Request for Default Judgment (Form CTS11417). For straightforward debts where the amount is clear, a Judicial Clerk can issue the judgment without a hearing. For damages that need to be assessed, a Justice will hold an Assessment Hearing to set the amount.

If the defendant does file a Dispute Note, the case moves to a dispute resolution track — usually a Pre-Trial Conference first, and then trial if no settlement is reached.

The Pre-Trial Conference and Trial

A Pre-Trial Conference is an informal meeting (often in a boardroom or by phone) where a Justice or Judicial Dispute Resolution officer reviews the issues, narrows the dispute, and explores settlement. If the other side does not attend a mandatory conference, the Justice may dismiss the claim, strike out the Dispute Note, or enter judgment against the absent party.

If the case does not settle, it proceeds to trial. Before the trial date, both sides must file and exchange a Trial Statement (Form CTS11447). This document summarises your case, lists your witnesses, and includes an indexed set of all the evidence you plan to present — contracts, receipts, photos, messages.

At trial, each side tells their story under oath, presents their evidence, and cross-examines the other side's witnesses. The Justice makes a decision after considering the evidence.

Collecting a Judgment

Winning a judgment does not automatically put money in your account. If the other side does not pay, you will need to use enforcement tools — garnishment of wages or bank accounts, seizure of property, or registration of the judgment against real property. The Alberta Civil Enforcement Act and its regulations govern these steps.

What This Court Cannot Handle

The Alberta Court of Justice does not hear claims involving land title disputes, equitable remedies like injunctions, wills or estates, defamation, or actions against peace officers acting in their official capacity. Those claims go to the Court of King's Bench.

For a complete walkthrough of every form, deadline, and step in the Alberta civil claims process, the Alberta Civil Claim Guide puts the whole procedure in one printable document with checklists and a deadline calendar.

See more Alberta guides →