Manitoba Small Claims Court Forms
The Forms You Will Actually Use
Manitoba's Small Claims Court runs on a specific set of forms prescribed by Rule 76 of the Court of King's Bench Rules. You can download them from the Manitoba Courts website, and Small Claims filings must be submitted as paper copies at a court registry.
Here are the key forms many claimants and defendants encounter and when they come into play.
Form 76A — Small Claim
This is the form that starts the lawsuit. You fill in your name and address, the defendant's legal name and address, the facts of your claim, and the amount you want. The registry stamps it, assigns a hearing date, and gives you copies to serve on the defendant.
Getting the defendant's name right is critical. For an individual, use their full legal name. For a sole proprietor trading under a business name, write "John Smith operating as Smith Contracting." For a corporation, use the exact registered name from the Manitoba Companies Office (free search at companiesoffice.gov.mb.ca; $5 File Summary for the registered office address).
Filing fee: $75 for claims of $5,000 or less, $100 for claims over $5,000.
Form 76B — Declaration of Service
After you serve the defendant with your Form 76A, whoever did the serving fills out Form 76B. It records when service happened, where, how (in person, by registered mail), and who was served. You file it with the court before the hearing — without it, the court cannot confirm the defendant was properly notified.
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Form 76D — Notice of Intention to Appear
This is the defendant's form. If they want to dispute the claim or ask for payment terms, they file Form 76D at least 7 days before the hearing date. There is no filing fee. The form tells the court that the defendant disputes the claim or requests payment terms; check its instructions for the details to provide.
Form 76E — Counterclaim
If the defendant believes you owe them money from the same transaction, they file Form 76E alongside their Form 76D. The filing fee is $50. They must also serve the counterclaim on you and file a Declaration of Service (Form 76B) proving they did.
Form 76C — Order Extending Time for Service
If you cannot serve the defendant within the mandatory 30 calendar days after filing, you must apply for and obtain this order before or at the hearing. Without it, your claim lapses.
Form 76I — Application to Set Aside Decision
If a judgment was entered while one party was absent (a default judgment, for example), the absent party can apply to set it aside using Form 76I. They need to show a reasonable excuse for missing the hearing and an arguable defence on the merits.
Form 76K — Application for Leave to Appeal
To appeal a Court Officer's decision, you file Form 76K within 30 days from the filing date indicated on the Certificate of Decision. Appeals are not automatic — you must convince a King's Bench judge that the Court Officer made an error of law or an error of jurisdiction. Disagreeing with how the officer weighed the evidence is not enough.
No E-Filing in Manitoba Small Claims
Every form must be submitted as a paper copy — in person at a Court of King's Bench registry or by mail. The court does not accept electronic filing for small claims matters. If you mail your forms, include a cheque for the filing fee payable to the Minister of Finance.
Navigate the Forms Confidently
The forms themselves are straightforward, but knowing which one to file, when, and what to write in each field is where most self-represented litigants get stuck. The Making a Small Claim in Manitoba guide provides field-by-field instructions for every form in the system, with examples for different claim types.
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