New Brunswick Small Claims Court Fees

Filing Fees

New Brunswick's Small Claims Court charges two tiers of filing fees, updated by N.B. Reg. 2026-42:

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

These are non-refundable at the time of filing. If you win, the Adjudicator can order the defendant to reimburse your court costs as part of the judgment.

A Response denying all or part of a claim without a counterclaim (Form 2) costs $50. A Response with a counterclaim costs $50 if the counterclaim is $3,000 or less and $150 if it exceeds $3,000. A Third Party Claim (Form 3) is $50, and a Third Party Response (Form 4) is $50.

At the court counter, you can pay with cash, debit card, credit card, certified cheque, or money order. If filing by mail, payment must be a certified cheque or money order made payable to the Minister of Finance.

Service Costs

The court does not serve your documents — that's your responsibility. The cost depends on the method you choose:

• Sheriff service: $75 per person served, plus $30 for each additional person served at the same time and place
• Registered mail or courier: The cost of postage or courier fees (typically $15–$30), plus you need a signed delivery receipt
• Personal delivery by a friend or process server: Free if a friend does it; private process servers in New Brunswick typically charge $75–$250+ HST per attempt

Sheriff service is the most reliable option when the defendant might dodge personal delivery. You request it through the Sheriff Services office in the relevant judicial district.

Witness Costs

If you need a witness to attend your hearing, you must serve them with a Summons to Witness (Form 12) along with conduct money:

• $35 per full day of attendance
• $18 per half-day
• $30 per night for overnight accommodation (if the witness must travel)
• $0.20 per kilometre for travel

These amounts come from Section 29 of General Regulation 2012-103. You pay the witness directly — the court doesn't handle witness fees.

Corporate Search Fees

Before suing a business, you need to verify its exact legal name through Service New Brunswick's Corporate Registry:

• Free if you search using the business's 15-digit New Brunswick Account Business Number
• $3 per search if paying by credit card online
• $10 for an uncertified paper copy of corporate records
• $20 for a certified copy (the version you'd use as evidence at a hearing)

Enforcement Costs

Winning a judgment doesn't automatically put money in your hand. If the defendant doesn't pay voluntarily, enforcement through the Sheriff adds more costs:

• $120 to initiate enforcement under the Enforcement of Money Judgments Act
• $300 + 10% of proceeds (capped at $5,000) for a seizure or execution

These are significant amounts on smaller claims, so many claimants explore voluntary payment arrangements before resorting to enforcement.

Fee Waivers

New Brunswick's Small Claims Court has no general income-based fee waiver. The only statutory waiver is narrow: if you won a default judgment for return of personal property but couldn't recover the item, the filing fee for a follow-up monetary claim is waived under Section 72 of the Regulation.

Total Cost Estimate

For a typical claim between $3,000 and $20,000 with one defendant served by sheriff:

For claims under $3,000, the filing fee drops to $50, bringing the typical total to $128–$240.

Our Making a Small Claim in New Brunswick guide includes a filing fee calculator worksheet that tallies every cost before you walk into the courthouse.

See more New Brunswick guides →