Alternatives to Ignoring a Small Claims Court Notice in New Brunswick
If you are thinking about ignoring a small claims court notice in New Brunswick, the most important thing to understand is what can happen next: after 30 days without a Form 2 Response, the claimant may request judgment using Form 6. For a debt, fixed-sum, or personal-property claim, the clerk can enter a default judgment without a hearing; for unliquidated damages, the clerk enters an interim judgment and the court schedules an assessment hearing to determine the amount. Default is not automatic on Day 31: under section 9 of N.B. Reg. 2012-103, a Response may be filed any time before judgment is entered. After judgment, the claimant can pursue enforcement through Sheriff Services.
Ignoring the notice is not a neutral choice. It is the most expensive option available to you, because it can lead to the worst possible outcome. Every alternative — even admitting you owe the money — gives you more control over what happens.
Your Actual Options
When you are served with a Form 1 Claim in New Brunswick, the Form 2 Response gives you six distinct options. You have 30 calendar days from the date of service to file one; the service date is not counted. Here is what each one does and who it is for:
| Option | What It Does | Best For |
|---|---|---|
| Dispute the full claim | Denies liability entirely; case goes to a hearing | You do not owe the money, or the claimant's facts are wrong |
| Dispute part of the claim | Admits some amount, disputes the rest | You owe something but not the full amount claimed |
| Admit the full amount | Acknowledges the debt without a hearing | You owe the money and want to resolve it quickly |
| Admit and request a payment hearing | Acknowledges the debt but asks the court to set a payment schedule | You owe the money but cannot pay it all at once |
| File a counterclaim | Claims money back from the person suing you | The claimant actually owes you money — for example, you paid for defective work |
| Third party claim (Form 3) | Brings in someone else who should share or bear the liability | A subcontractor, manufacturer, or other party is responsible for the problem |
You can also combine some of these — for example, disputing the claim and filing a counterclaim in the same Form 2.
Why Ignoring It Is the Worst Option
A default judgment is not a suggestion or a warning. It is a binding court order with the same legal force as a judgment entered after a full hearing. The consequences are real and can follow once the claimant takes the required enforcement steps:
Wage garnishment. The claimant can apply to have a portion of your paycheque redirected to them before you receive it.
Bank account seizure. A judgment does not automatically freeze your account. The claimant must pursue enforcement through Sheriff Services.
Property liens. The claimant can register the judgment in the provincial Land Registry to secure a lien against real property. You may need to deal with the judgment before selling or refinancing.
Credit impact. A judgment on your record affects your ability to borrow, rent, or do business.
No defence considered. Even if you have a complete defence to the claim — you do not owe the money, the amount is wrong, the claimant breached the contract first — none of that matters once a default judgment is entered. The court never heard your side.
The Admission-With-Payment-Hearing Path
This is the option most people overlook. If you genuinely owe the money but cannot pay it all at once, you can admit the claim and request a payment hearing. The hearing officer sets a reasonable payment schedule based on your income and expenses — monthly installments over a period the court considers fair.
If you and the claimant reach and file a Form 10 Payment Agreement, the claimant cannot request judgment unless you default on an installment. That gives you more control than ignoring the notice because:
- You control the narrative about your financial situation
- The payment schedule is set by a neutral hearing officer, not the claimant
- You have an agreed payment schedule while you keep up with the installments
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The Settlement Path
You can settle a small claim at any point — before filing your response, after filing, or even at the hearing itself. A settlement means you and the claimant agree on terms and sign a Form 13 Settlement Agreement, which the court can enforce.
Settling is often the fastest and cheapest resolution, especially for disputes where both sides have some responsibility. The claimant may accept less than the full amount to avoid the uncertainty and delay of a hearing. You get certainty about what you owe and a timeline you agreed to.
You can discuss settlement at any stage, including after a default judgment. Once judgment is entered, however, the claimant has an enforceable order and may have less reason to negotiate.
The Cost of Each Path
| Path | Direct Cost | Risk | Control |
|---|---|---|---|
| Ignore the notice | $0 upfront, then any judgment + enforcement costs | High — a default judgment may follow | None |
| File Form 2 and dispute | $50 without a counterclaim; $50 or $150 with a counterclaim, depending on its value | Moderate — depends on your evidence | Full — you present your case at a hearing |
| Admit and request payment hearing | $50 without a counterclaim; $50 or $150 with a counterclaim, depending on its value | Low — you agree on the amount | Partial — you influence the payment schedule |
| Settle before hearing | $0–$150 depending on timing | Low — negotiated outcome | High — you agree to terms |
| Use a response guide | Guide cost + filing fee | Same as disputing, with better preparation | Full |
Who This Is For
- Anyone who has been served with a small claim in New Brunswick and is considering not responding
- Defendants who feel overwhelmed by the legal paperwork and are tempted to put it aside
- People who think the claim will "go away" if they ignore it
- Defendants who owe the money and assume there is no point in responding
Who This Is NOT For
- Defendants who have already decided to respond and are looking for help with the Form 2 process (the response guide covers that step by step)
- Anyone dealing with a residential tenancy dispute (those go to the TLRO, not Small Claims Court)
- Defendants who have already had a default or interim judgment entered and need the set-aside process (Form 23, Form 8, and a proposed Form 2)
The Structured Path Forward
If you have decided not to ignore the notice — which is the right decision — the next step is understanding the Form 2 options well enough to choose the right one. The Responding to a Small Claim in New Brunswick guide walks through every option with the filing procedure, fee schedule, service requirements, and hearing preparation in order. It is designed for defendants who are starting from zero legal knowledge and need the process laid out from beginning to end.
Frequently Asked Questions
What if I already missed the 30-day deadline?
A missed deadline does not mean the case is over. If judgment has not yet been entered, section 9 of N.B. Reg. 2012-103 allows you to file a late Form 2 Response before judgment is entered. If a default or interim judgment has been entered, apply to set it aside with Form 23, a sworn or affirmed Form 8, and a completed proposed Form 2 attached as an exhibit. The court applies a two-part test: a valid reason for the default and an arguable defence on the merits. Act promptly.
Can the claimant really garnish my wages without a hearing?
After judgment, the claimant can pursue enforcement through Sheriff Services without a further hearing on the merits. Wage garnishment and income seizures are subject to statutory exemptions, and a real-property lien requires registration in the Land Registry.
What if I do not think I owe the money at all?
Then disputing the full claim is your option. File a Form 2 Response checking the dispute box, provide a brief explanation of why you do not owe the claimed amount, and prepare for a hearing where you present your evidence. This is exactly the scenario where ignoring the notice is most costly — you have a defence, but a default judgment means the court never hears it.
Is there a way to respond without paying the filing fee?
The fee for a Form 2 Response without a counterclaim is $50, regardless of the claim amount. With a counterclaim, the fee is $50 for a counterclaim of $3,000 or less and $150 for a counterclaim from $3,000.01 to $20,000. A fee waiver for financial hardship requires a formal application for administrative relief to the court clerk. The filing fee may be recoverable as part of costs if you win.
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