How to File Small Claims Court Manitoba

The Short Version

Filing a small claim in Manitoba means filling out Form 76A, paying the filing fee, and delivering paper copies to a Court of King's Bench registry. There is no electronic filing — everything goes in on paper, either in person or by mail. Once the court stamps your claim, you have 30 calendar days to serve the defendant.

Check Whether Your Dispute Fits

Manitoba's Small Claims Court handles monetary claims up to $20,000 (raised from $15,000 on January 1, 2025). The court awards money only — it cannot order someone to return property, perform a contract, or grant an injunction.

Several categories are excluded outright: residential tenancy disputes (those go to the Residential Tenancies Branch), wrongful dismissal, defamation, malicious prosecution, disputes over wills or real property, and family law matters.

If your loss exceeds $20,000, you can abandon the excess in your pleading to bring the claim within the limit. That abandonment is permanent — you cannot recover the difference later in another proceeding.

Send a Demand Letter First

The court does not require a demand letter, but sending one shows you tried to resolve things before filing. Address it to the correct legal name of the person or business, set a clear deadline (10 to 14 business days is standard), itemize what you are owed, and send it by registered mail so you have a tracking receipt.

If the demand goes unanswered, you have a documented paper trail to present at the hearing.

Fill Out Form 76A

Form 76A is the Small Claim form — the document that starts the lawsuit. You can download it from the Manitoba Courts website. The form asks for your full legal name, the defendant's full legal name, the facts of your claim, and the amount you are claiming.

Getting the defendant's name right matters. If you are suing a sole proprietor who operates under a trade name, list them as "Jane Doe operating as Doe's Contracting." For a corporation, use the exact registered name from the Manitoba Companies Office (a free online search confirms it; a $5 File Summary gives you the registered office address).

Pay the Filing Fee and Submit

Filing fees are set by the Court Services Fees Regulation (M.R. 150/2021):

• $75 for claims of $5,000 or less
• $100 for claims over $5,000 up to $20,000

Pay at the counter if filing in person, or include a cheque payable to the Minister of Finance if filing by mail. Fees are non-refundable.

You need to submit the original Form 76A plus enough copies for the court and every defendant you are suing. The main registry locations are Winnipeg (408 York Avenue), Brandon (1104 Princess Avenue), Dauphin, The Pas, and Thompson, with circuit sittings in smaller centres.

Serve the Defendant Within 30 Days

After the registry stamps your claim, you must serve a copy of Form 76A, the "Important Information" page, and a blank Form 76D (Notice of Intention to Appear) on every named defendant within 30 calendar days. You — or any adult who is not a minor — can deliver the documents in person. For a corporation, deliver them to a director, officer, or manager, or leave them with adult personnel at the registered office.

If you miss the 30-day window, your claim lapses unless you apply for and obtain an Order Extending Time for Service (Form 76C).

Once service is done, the person who served the documents completes a Declaration of Service (Form 76B) and files it with the court before the hearing.

What Happens Next

Your first appearance is a teleconference — the court uses it to confirm service, see whether the claim is contested, and set a hearing date. If the defendant disputes the claim, the contested hearing happens on Microsoft Teams unless the court directs an in-person hearing. A Court Officer generally decides the matter; in specific statutory circumstances, a judge may hear it instead.

The whole process — filing through hearing — typically runs a few months, though contested cases or rural circuit schedules can stretch that timeline.

Get the Full Manitoba Filing Walkthrough

Filing a small claim is straightforward once you know the sequence: check the limit, send a demand, fill out Form 76A, pay the fee, serve the defendant, and prepare your evidence. Each step has its own deadline and its own form. The Making a Small Claim in Manitoba guide walks you through every stage with field-by-field instructions, a deadline tracking calendar, and printable checklists so nothing falls through the cracks.

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