Collecting a Small Claims Judgment in New Brunswick
Winning Doesn't Mean Getting Paid
A judgment from New Brunswick's Small Claims Court is a legal order that the defendant owes you money. The clerk issues Form 14 after an adjudicator's decision and Form 7 for a default judgment. But the court doesn't collect for you. If the defendant ignores the judgment, it's your job to enforce it — and that requires a separate process through Sheriff Services under the Enforcement of Money Judgments Act.
The good news is that a small claims judgment has the same legal force as any other court judgment. The bad news is that enforcement adds time and money to the process, and you can only collect from assets the defendant actually has.
Start With a Voluntary Payment Request
Before spending money on enforcement, try direct contact. Send the defendant a copy of the judgment with a letter requesting payment within a reasonable timeframe (14 to 30 days). Some people pay at this stage — especially once they realize that enforcement tools like wage garnishment and bank seizure are available.
If the defendant proposes a payment plan, get it in writing. You can file it with the court as a Settlement Agreement (Form 13); if the defendant later fails to comply, you can apply for an order directing judgment under its terms.
Register the Judgment
To use Sheriff Services' enforcement process, first obtain a certified copy of the judgment from the court. Register the judgment in the Personal Property Registry (PPR), then print a verification statement and a search report for the debtor. If the debtor owns real estate, you may also register the judgment in the Land Registry; that step is optional.
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Enforcement Options
Once the judgment is registered in the PPR, several tools become available:
Wage garnishment — You can apply for a garnishment order directing the defendant's employer to deduct money from their pay and send it to you. There are statutory limits on how much of a person's wages can be garnished, but for most employed debtors this is the most reliable collection method.
Bank account seizure — A garnishment order can also be directed at the defendant's bank, requiring the financial institution to freeze and pay out funds in the account up to the judgment amount.
Sheriff execution against personal property — You can direct the Sheriff to seize the defendant's personal property (vehicles, equipment, inventory) and sell it at auction. The Sheriff charges $120 to initiate enforcement, plus $300 plus 10% of the proceeds (capped at $5,000) for a seizure and execution. These costs are significant relative to smaller judgments.
Examination in aid of execution — If you don't know what assets the defendant has, you can apply for an order requiring them to attend an examination where they disclose their income, bank accounts, property, debts, and other financial information under oath.
Judgment Interest
A judgment bears post-judgment interest at 7% per year from the time it takes effect. This means the total amount the defendant owes grows over time. When calculating what you're owed for enforcement purposes, include the original judgment amount, any costs awarded, and accrued post-judgment interest.
Practical Limits
Enforcement works best when the defendant has identifiable assets — regular employment, bank accounts, property, or a business with revenue. If the defendant has no income, no assets, and no property, a judgment can be effectively uncollectible in the short term.
A claim based on a judgment for the payment of money must be brought within 15 years from the judgment date under section 8 of the Limitation of Actions Act. Circumstances change — a person who's judgment-proof today may find employment or acquire assets later, so keep the judgment date in mind when considering enforcement.
The Costs of Enforcement
Enforcement isn't free:
| Step | Cost |
|---|---|
| Certified copy of judgment | Registry copy fee |
| Sheriff initiation fee | $120 |
| Seizure and execution | $300 + 10% of proceeds (max $5,000) |
| Garnishment application | Court filing fee |
For claims under $2,000, the enforcement costs can rival the judgment amount. Weigh the economics before deciding how aggressively to pursue collection.
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Our Making a Small Claim in New Brunswick guide includes an enforcement tracker worksheet for monitoring payment progress, calculating judgment interest, and deciding which enforcement tools make sense for your situation.
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