How to File a Statement of Claim in Newfoundland Small Claims Court
What Form 1 Is and Where to Get It
The Statement of Claim (Form 1) is the document that starts your small claims case. It tells the court who you are, who you are suing, what happened, and how much money you want. Every small claims action in Newfoundland and Labrador begins with this form.
Download Form 1 from the Provincial Court website at court.nl.ca under Small Claims Court Forms. You can also pick up a blank copy at any Provincial Court registry.
How to Fill Out Form 1
The form itself is straightforward, but the details matter. Errors get your filing rejected — especially through the e-Filing portal, where court staff review submissions and bounce anything incomplete.
Your information (the plaintiff). Full legal name and current mailing address. If the business is incorporated, use its exact legal name. For a sole proprietorship, name the owner followed by "trading as" and the business name.
The defendant's information. This is where most mistakes happen. You need the defendant's correct legal name and address. For an individual, use their full name. For a sole proprietorship, name the owner personally followed by "trading as" and the business name. For a company incorporated in Newfoundland and Labrador, use the exact name from the CADO registry search — including "Limited," "Incorporated," or "Inc." — and attach the printed search result to your form. For a federally incorporated company, use its Corporations Canada search result.
The facts of your claim. Write a clear, plain-language narrative of what happened. Include specific dates, the location where the transaction or event occurred, and what the defendant did or failed to do. Avoid legal jargon. The judge is reading dozens of these — keep it factual and chronological.
The amount you are claiming. Itemize the principal debt or damages. If you are also claiming pre-judgment interest under the Judgment Interest Act, state that separately. The total principal must be $25,000 or less. If your actual damages exceed that, you can abandon the excess by writing "The plaintiff abandons that part of the claim in excess of $25,000" directly on the form.
Motor vehicle claims: extra requirement. If your claim is based on damage to your vehicle resulting from a motor vehicle accident, you must attach an itemized damage estimate from a qualified mechanic or a receipt for repairs completed by a qualified mechanic, plus two additional photocopies. The registry will reject your filing without them.
Three Ways to File
In person. Bring your completed Form 1 to the Provincial Court registry nearest to where the dispute happened, where you live or carry on business, or where the defendant lives or carries on business. Pay the filing fee ($50 for claims under $500, $100 for claims $500 to $25,000) at the counter.
By mail. Send the completed form with payment to the appropriate court registry. Processing takes longer since staff must review, stamp, and return your copies.
E-Filing. Submit through the Provincial Court's online portal at provincial.efile.court.nl.ca. You need a credit card for the filing fee. Documents received after 4:00 p.m. are deemed filed the next court business day. Staff review submissions within one business day — if there are errors, they reject the filing and your credit card pre-authorization is released within 3 to 5 business days.
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What Happens After You File
The court registry reviews your form, assigns a file number, seals and signs the document, and keeps the original. You get back issued copies of your Statement of Claim plus a blank Reply (Form 2) that you will serve on the defendant.
Filing does not mean the defendant knows about your claim yet. You still need to serve them — and that is a separate step with its own rules about personal delivery, Canada Post Registered Mail, and email service where the defendant has provided an email address for service.
The Newfoundland and Labrador Small Claims Filing Guide provides field-by-field completion instructions for Form 1, including a party identification worksheet for getting the defendant's legal name right the first time.
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