How to File a Small Claim in New Brunswick

Before You File: Check the Basics

Filing a small claim in New Brunswick starts with three threshold questions. First, is your claim worth $20,000 or less (including pre-judgment interest but not court costs)? That's the monetary ceiling set by N.B. Reg. 2018-23. Second, are you within the two-year limitation period under the Limitation of Actions Act? The clock starts from the date you discovered — or should have discovered — the loss. Third, does your dispute actually belong in Small Claims Court? Residential tenancy and security deposit disputes go to the Tenant and Landlord Relations Office (formerly the Residential Tenancies Tribunal), not Small Claims Court, and claims involving land title, family law, or defamation are excluded entirely.

If your claim clears those three hurdles, you're ready to file.

Choose the Right Judicial District

New Brunswick has eight judicial districts: Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock. You must file your claim in a district that meets at least one of these conditions:

• The defendant lives there
• The cause of action arose there (in whole or in part)
• You live there, but only if the defendant lives outside New Brunswick

For corporate defendants, the company is considered to reside in every district where it carries on business. If continuing the case in the district where it was filed would cause hardship, you can apply to transfer it using Form 23.

Fill Out Form 1 (Claim)

Form 1 is the document that starts your case. You can download the fillable PDF from the PLEIS-NB website or the Courts New Brunswick portal. When completing it, you need:

• Your full legal name and address as the claimant
• The defendant's exact legal name — for businesses, this means the registered corporate name from Service New Brunswick, not a trade name or storefront sign
• A clear summary of the facts — what happened, when, and why the defendant owes you money
• The exact dollar amount you're claiming, including how you calculated it
• Whether you're claiming pre-judgment interest, and if so, the rate and basis

Print the original plus one copy for each claimant and defendant. The court clerk keeps the original and stamps your copies for service.

Pay the Filing Fee

The filing fee depends on how much you're claiming:

• $50 for claims up to $3,000
• $150 for claims between $3,000.01 and $20,000

Payment methods at the counter include cash, debit, credit card, certified cheque, or money order. If you're filing by mail, send a certified cheque or money order payable to the Minister of Finance — personal cheques are not accepted.

There's no general fee waiver based on income. The only statutory waiver applies when a claimant who won a default judgment for return of personal property couldn't recover the item and must file a follow-up claim for its monetary value.

File In Person or By Mail

New Brunswick has no online filing portal for Small Claims Court. You have two options:

1. In person: Bring your Form 1 and copies to the court office in your judicial district during business hours (Monday to Friday, excluding statutory holidays)
2. By mail: Send the paperwork and payment by mail or courier to the courthouse

When the clerk accepts your filing, they stamp the claim, assign a file number, and return your service copies. Filing the claim stops the limitation clock — demand letters, settlement talks, and phone calls to the courthouse do not.

Serve the Defendant

The court does not serve papers for you. You are responsible for getting the stamped Form 1 and a blank Form 2 (Response) into the defendant's hands through a legally valid method:

• Personal delivery to the individual, or to a director/officer/manager of a corporation
• Registered mail or courier with a signed delivery receipt
• Sheriff service at $75 per person served

Leaving documents at a door, sending them by regular mail, or serving by email or text message is not valid unless you get a court order for substituted service first.

You have one year from your filing date to complete service. Once served, the defendant has 30 days to file a Response (Form 2).

What Happens Next

After the defendant's 30-day response window closes, the case moves in one of three directions. If no response is filed, you can request judgment using Form 6. If the defendant disputes the claim, the court schedules a hearing before an Adjudicator. If both sides want to settle, they can file a Settlement Agreement (Form 13) at any time.

The whole process — from filing to hearing — typically takes several months depending on the district's caseload and whether the parties attempt settlement first.

The Step-by-Step Guide That Walks You Through It

Filing a small claim is straightforward in theory, but the details matter: naming the right defendant, calculating your claim correctly, and serving documents within the rules. Our Making a Small Claim in New Brunswick guide covers every step from the demand letter through enforcement, with worksheets for tracking deadlines, calculating fees, and organizing your evidence binder.

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