Being Sued in Alberta: What to Do When You're Served with a Civil Claim

Read Everything Before You React

The moment someone hands you legal papers — or you sign for a registered mail delivery — your first instinct might be panic. That's normal. But the worst thing you can do is ignore the documents, throw them in a drawer, or assume you can deal with them later.

Open the package and identify what you've received. A standard litigation package from the Alberta Court of Justice contains:

• The Civil Claim — the originating document that names you as the defendant, identifies the court location and action file number, describes what the plaintiff says happened, and states how much money they're asking for
• A blank Dispute Note form — this is what you'll complete and file to respond
• Instructional attachments — court notices explaining your response deadline and where to file

Look for the court clerk's stamp and a file number. These confirm the documents are genuine and registered with the court. If you have any doubt about authenticity, don't call numbers printed on the documents — contact the Court of Justice clerk's office directly through albertacourts.ca and verify the action number.

Your Deadline Starts Now

If you were served in Alberta, you have 20 calendar days to file a Dispute Note. Served outside Alberta (elsewhere in Canada or internationally), you have 30 calendar days.

The clock starts the day after service. If the final day falls on a weekend, statutory holiday, or a day the clerk's office is closed, it rolls to the next day the office is open.

If the Court ordered substituted service, check that order for the number of days you have to respond.

This deadline is firm. Settlement talks, phone calls with the plaintiff, or consultations with a lawyer don't pause it. The only way to extend it is through a written agreement filed with the court or a formal application to a Justice.

Understand What You're Being Sued For

Read the Civil Claim carefully, particularly the "Particulars" section and any attachments. Common scenarios in the Alberta Court of Justice include:

• Contractor/homeowner disputes — unpaid invoices, defective workmanship claims, or project overruns
• Landlord/tenant claims — security deposit disputes, property damage, unpaid rent (note: many tenancy disputes go through the RTDRS instead of court)
• Vehicle sales — buyer alleges hidden defects after a private used-car sale
• Business disputes — unpaid vendor invoices, breach of contract, non-delivery of goods

The Court of Justice handles claims up to $100,000 (the principal amount — interest, fees, and costs are excluded from the cap). If the claim involves defamation, land title, or injunctions, it belongs in the Court of King's Bench, not the Court of Justice.

Choose Your Response

You have four options when completing your Dispute Note:

1. Dispute the claim in full or in part — you deny what the plaintiff says and explain your side
2. Admit the claim in full or in part — you agree with some or all of what's being claimed
3. Admit and request time to pay — you agree you owe the money but ask for instalment payments
4. File a Dispute Note with a Counterclaim — you have your own claim against the plaintiff arising from the same situation

You can combine these — for example, disputing part of the claim while admitting another part, or disputing the claim while also filing a counterclaim for money the plaintiff owes you.

File the Dispute Note

The standard Dispute Note costs $50 to file. If you're including a counterclaim, the fee is $100 (for counterclaims up to $7,500) or $150 (for counterclaims over $7,500). Financial hardship? You can apply for a fee waiver that covers filings for six months.

File in person at any Court of Justice registry for same-day processing. You can also file by mail (cheque or money order payable to "Government of Alberta"), but the filing date is when the clerk receives it, not the postmark date — risky if you're near the deadline.

Do not attach evidence to your Dispute Note. This is one of the most common mistakes. Court rules specifically prohibit attachments at this stage. Evidence comes later, during disclosure and trial preparation.

What Comes Next

After you file, the court clerk mails a stamped copy of your Dispute Note to the plaintiff. The court then assigns your case to a resolution track — typically mediation, a pre-trial conference, or a trial date. You'll receive a notice by mail.

The time between filing and your first hearing is usually several months, which gives you time to organize your evidence, identify witnesses, and prepare your case.

Get the Full Process Mapped Out

The Alberta Civil Claim Response Guide covers every step from the moment you're served through the hearing — deadline calculation, Dispute Note drafting, evidence rules, courtroom procedure, and what happens after the decision. It's designed for the person who's never been to court before and needs the process laid out clearly.

See more Alberta guides →