Consumer Refund Small Claims New Brunswick

You paid for something that does not work, the store will not take it back, and the credit card chargeback window has closed. In New Brunswick, the Small Claims Court lets you recover up to $20,000 for defective products, broken warranties, and refused refunds — without hiring a lawyer.

When a Consumer Dispute Belongs in Small Claims Court

The Small Claims Court of New Brunswick hears claims for debt, damages, and the recovery of personal property up to $20,000. A consumer refund dispute fits when:

• A retailer refuses to honour a return or exchange after selling a faulty product
• A warranty covers the defect but the seller or manufacturer will not repair or replace
• You paid for a service (appliance installation, carpet cleaning, furniture delivery) that was never performed or was done so poorly it needs to be redone
• A vendor took payment for goods that were never delivered

The $20,000 ceiling is inclusive of pre-judgment interest but exclusive of court costs. If your total claim is higher, you can abandon the excess on Form 1 to stay within the court's jurisdiction — but the abandoned portion is permanently forfeited.

Getting the Defendant's Name Right

Consumer claims fail more often on paperwork than on the merits. The single biggest mistake is naming the wrong entity on Form 1.

A business trading as "Dave's Electronics" might be a sole proprietorship, a partnership, or a corporation. If it is a corporation, you must sue the exact legal corporate name — including the "Ltd.", "Inc.", or "Corp." designation. Naming the trade name alone can make your judgment unenforceable.

Run a corporate search through Service New Brunswick (SNB) Corporate Registry before filing. An online search costs $3 by credit card, or it is free if you have the 15-digit Business Number. The search confirms the legal name, active status, and registered office address for service.

If the business is a sole proprietorship, name the individual owner: "John Smith carrying on business as Dave's Electronics."

Filing Your Claim

Once you have the correct legal name and address:

1. Complete Form 1 (Claim) — state the facts concisely: what you bought, when, how much you paid, what went wrong, and what you want back. Attach copies of receipts, warranty documents, and any written correspondence with the seller.
2. Pay the filing fee — $50 for claims up to $3,000, or $150 for claims between $3,000.01 and $20,000.
3. File in the right judicial district — where any defendant resides or where the cause of action arose, in whole or in part. If no defendant resides in New Brunswick, you may file where you live. A corporation or business is deemed to reside in each district where it carries on business. New Brunswick has eight districts: Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock.

There is no online filing portal. You file in person at the courthouse or mail hard copies with a certified cheque or money order payable to the Minister of Finance.

Serving the Defendant and What Happens Next

After filing, you have one year to serve Form 1 and a blank Form 2 (Response) on the defendant. Valid service methods include personal delivery, prepaid registered mail with a signed delivery receipt, or Sheriff Services ($75 per person served).

The defendant then has 30 days to file a response. If they do not respond, you can apply for default judgment. For a fixed refund amount (a liquidated debt), the clerk can enter judgment without a hearing. For disputed amounts — say you are claiming repair costs on top of the purchase price — an assessment hearing is scheduled.

Building Your Evidence

Consumer cases turn on documentation. Bring four complete sets of your evidence bundle to the hearing (one for the Adjudicator, one for yourself, one for the other side, and one for the witness stand). Key evidence for a consumer claim:

• Receipt or invoice showing the purchase date, amount, and item description
• Warranty terms (printed warranty card, online warranty policy, or email confirmation)
• Correspondence — emails, texts, or letters where you asked for a refund or repair and were refused
• Repair estimates or expert opinions — if the product was defective, a written assessment from a qualified technician strengthens your case
• Photographs of the defective product, packaging, or damage

What You Can Recover

If the Adjudicator rules in your favour, the judgment can include the purchase price, the cost of repairs or replacement, pre-judgment interest, and your court disbursements (filing fee, service costs, witness allowances). What damages are legally recoverable depends on the claim and evidence; the court's monetary limit is $20,000, inclusive of pre-judgment interest and exclusive of costs.

If the defendant still does not pay after judgment, enforcement proceeds through Sheriff Services under the Enforcement of Money Judgments Act ($120 initiation fee), which can garnish wages, seize assets, or attach bank accounts.

Your Next Step

A defective product or refused refund does not have to be a write-off. The complete New Brunswick small claims filing guide walks you through every form, deadline, and hearing step so you can recover what you are owed.

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