Form 2 Response in New Brunswick Small Claims Court Explained

Form 2 is the single document that stands between you and a default judgment in New Brunswick Small Claims Court. It is not a freeform letter — it is a structured form with specific sections for each type of response. Getting the right sections filled in correctly determines whether you get a hearing or hand the claimant an easy win.

Six Response Routes to Consider

Form 2 accommodates the main response options. A third-party claim is filed separately on Form 3. Pick the route that matches your situation:

1. Dispute the full claim (Section 1) — You deny owing anything. Write out your factual reasons for denying liability in clear, plain language. This is not the place for legal arguments — state the facts. The contractor never finished the work. The item was not as described. The invoice includes charges you never agreed to.

2. Admit the full claim (Section 2) — You accept you owe the full amount. This leads directly to judgment unless you also request a payment hearing.

3. Admit part, dispute part — You accept some of the amount but contest the rest. Use both Section 1 (for the disputed portion) and Section 2 (for the admitted amount), specifying the exact dollar figures.

4. Admit and request a payment hearing — You accept the debt but cannot pay it all at once. Requesting a payment hearing lets you propose an instalment schedule. If you and the claimant agree on terms, you sign a Form 10 Payment Agreement that prevents the claimant from requesting judgment as long as you keep up with payments.

5. Dispute and file a counterclaim — You deny the claimant's case and assert your own claim against them within the same Form 2. Counterclaims are capped at $20,000. If your damages exceed that, you can abandon the excess (permanently forfeiting anything over $20,000) or apply to transfer the whole case to the Court of King's Bench using Form 22.

6. File a third party claim — If someone else is responsible for the claimant's loss (a subcontractor, a manufacturer, a co-owner), you file a separate Form 3 Third Party Claim within 30 days of receiving the original claim. The third party then files a Form 4 in response.

Filling It Out

Every Form 2 requires your full name, address, phone number, and language preference (English, French, or both — New Brunswick courts operate bilingually). Sign the original and make enough copies for the court and every named party.

For the dispute sections, be specific. "I disagree" is not enough. State what happened, when it happened, and why the claimant's version is wrong. Attach nothing at this stage — evidence comes later at the hearing — but write enough that the hearing officer can see there is a genuine dispute.

Fees and Filing

The filing fee is $50 for a response without a counterclaim. Add a counterclaim and it stays $50 if the counterclaim is $3,000 or less, or jumps to $150 for counterclaims over $3,000. Pay to the Minister of Finance by cash, certified cheque, money order, or debit card.

Deliver your package to the court clerk in the judicial district shown on the Form 1 Claim. The clerk stamps your copy as proof of filing and serves it on the claimant for you.

Our New Brunswick small claims response guide includes a response-route decision matrix and step-by-step instructions for completing each section of Form 2.

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