How to Respond to a Small Claim in New Brunswick
You just got served with a Form 1 Claim from the Small Claims Court of New Brunswick, and the clock is already running. You have exactly 30 calendar days from the date of service to file your Form 2 Response with the court clerk — miss that window and the claimant can request a default judgment. For a debt or fixed-sum claim, the clerk may enter it without a hearing; an unliquidated-damages claim proceeds to an assessment hearing.
Get the Right Form and Understand Your Options
Your response goes on Form 2 (Response), available from the court clerk's office or through PLEIS-NB at legalinfonb.ca. Form 2 is not a blank sheet — it walks you through structured sections for each response route:
- Dispute the full claim — complete Section 1 with your factual reasons for denying liability
- Admit the full claim — complete Section 2 acknowledging the debt
- Admit part, dispute part — use both sections to specify exactly what you accept and what you contest
- Dispute and counterclaim — if the claimant owes you money from the same transaction, add your counterclaim within Form 2 (up to $20,000)
- Request a payment hearing — if you admit the debt but cannot pay in a lump sum, ask for a hearing to set up an instalment plan
Each path triggers different procedures and fees, so pick the one that matches your actual position before filling anything in.
Filing Your Response
Once Form 2 is complete, assemble your filing package: the signed original, enough copies for every named party, and the filing fee. The fee is $50 for a response without a counterclaim. If you include a counterclaim, it stays at $50 for claims of $3,000 or less and jumps to $150 for counterclaims between $3,000.01 and $20,000.
Payment goes to the Minister of Finance — cash, certified cheque, money order, or debit card. Deliver everything to the court clerk's office in the judicial district listed on the Form 1 you received, either in person or by prepaid mail or courier. New Brunswick does not have an online e-filing portal for small claims.
The clerk stamps your copy as proof of filing and serves a copy on the claimant for you. Keep your stamped copy — it is your proof that you responded before the deadline.
What Happens After You File
Once your Form 2 is accepted, the clerk schedules a hearing before a hearing officer. You will receive a Notice of Hearing (Form 11) at least 20 days before the hearing date. Between filing and the hearing, focus on organizing your evidence — contracts, invoices, photos, text messages, and any written communications that support your position.
If settlement talks are underway, keep filing on time anyway. Phone calls, emails, and private negotiations do not pause or extend the 30-day statutory deadline. If you need more time, apply to the court for a formal extension under Section 62 of the Regulation. An extension application may be made before or after the 30-day deadline expires.
Our Responding to a Small Claim in New Brunswick guide walks through every step of this process — from reading the claim papers to preparing for your hearing — with deadline calculators, a response-route decision matrix, and fillable worksheets.
Get Your Free New Brunswick Small Claims Response Checklist
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