How Small Claims Court Works in New Brunswick

New Brunswick's Small Claims Court is designed to resolve civil disputes of $20,000 or less without the cost and complexity of the higher courts. It operates under the Small Claims Act (S.N.B. 2012, c. 15) and the General Regulation (N.B. Reg. 2012-103), with hearings conducted by hearing officers in an informal setting. Most parties represent themselves, and that is exactly how the system is meant to work.

What the Court Can and Cannot Hear

The $20,000 ceiling covers debts, unliquidated damages, and the recovery of personal property. The court cannot hear cases involving:

• Title to or interests in land
• Family law matters (custody, support, property division)
• Wills, estates, or intestacy disputes
• Libel, slander, or malicious prosecution claims

Residential tenancy disputes during an active lease go to the Tenant and Landlord Relations Office (TLRO), not Small Claims Court. Commercial lease disputes under $20,000, however, are within jurisdiction.

If a claim exceeds $20,000, the claimant can abandon the excess to fit within the limit — but the abandoned amount is permanently forfeited and cannot be pursued in any court.

The Process Step by Step

1. The claim is filed. The claimant completes Form 1 (Claim), pays the filing fee, and files it with the court clerk in the judicial district where the dispute arose or where the defendant lives.

2. The claim is served. The claimant serves you with a copy of Form 1 and a blank Form 2 (Response). Service must follow specific rules — personal delivery; prepaid registered mail or courier with signed delivery confirmation; or delivery to an adult occupant at your residence followed by ordinary mailing of another copy on the same or next day.

3. You respond. You have 30 calendar days from service to file your Form 2 Response. Options include disputing the claim, admitting it, filing a counterclaim, or requesting a payment hearing. The filing fee is $50 ($150 if your counterclaim exceeds $3,000).

4. The hearing is scheduled. Once a response is filed, the clerk sends both sides a Notice of Hearing (Form 11) at least 20 days before the hearing date.

5. The hearing. A hearing officer conducts the proceeding. Both sides present their evidence and explain their position. The hearing officer may encourage settlement before or during the hearing. A hearing may be conducted by phone or video when arranged by the court.

6. The decision. The hearing officer can deliver an oral decision immediately or reserve judgment. Reserved decisions must be issued in writing within six months.

7. Enforcement. A judgment does not collect itself. The winning party must take the judgment to Sheriff Services and follow the enforcement process under the Enforcement of Money Judgments Act — registering liens, requesting seizures, or arranging wage garnishment.

The Court Operates Bilingually

New Brunswick's Small Claims Court operates in both English and French. You select your language preference on Form 2, and the court arranges proceedings accordingly.

What If You Do Not Respond

If you do not file a Form 2 within 30 days, the claimant can request a default judgment. For fixed-sum claims, the clerk enters judgment without a hearing. For unliquidated damages, an assessment hearing determines the amount.

Our New Brunswick small claims response guide covers the entire process from the defendant's perspective, with deadline calculators, response-route decision tools, and evidence organiser worksheets.

See more New Brunswick guides →