How to Write a Demand Letter Before Small Claims in New Brunswick

Why Send a Demand Letter First

A demand letter isn't required before filing a small claim in New Brunswick — there's no statutory prerequisite under the Small Claims Act. But sending one is standard practice, and it serves three purposes.

First, it often resolves the dispute without court. Many people pay when they see a formal letter laying out the claim and a deadline. Second, it creates a paper trail that shows the Adjudicator you tried to settle before dragging the dispute into court. Third, it forces you to organize your facts and calculate your claim before filing, which makes the rest of the process smoother.

What to Include

A proper demand letter covers five things:

The parties. State your full legal name and address, and the recipient's full legal name and address. If you're writing to a business, use the registered corporate name from Service New Brunswick — not the trade name on the storefront.

The facts. Summarize what happened: the date of the transaction or event, what was agreed, what the other side did or failed to do, and how you were harmed. Keep it factual and chronological. Attach copies of the contract, invoice, receipt, photos, or any other key evidence.

The amount. Itemize what you're claiming. Break down the principal amount, any pre-judgment interest if applicable, and any out-of-pocket expenses (repair costs, replacement costs, lost deposits). The total should not exceed $20,000 if you intend to file in Small Claims Court.

The deadline. Give the recipient a firm deadline to pay or respond — 10 to 14 business days is standard. Make the date specific ("by November 15, 2026") rather than vague ("within two weeks").

The consequence. State clearly that if the matter isn't resolved by the deadline, you will file a claim in the Small Claims Court of New Brunswick without further notice.

Tone Matters

Keep the letter professional and objective. An Adjudicator may read it during the hearing, and a calm, factual letter reflects better on you than an angry one. Never threaten criminal prosecution — a debt is a civil matter, and implying criminal consequences crosses ethical and legal lines. Don't impersonate court process or use official-looking headers that suggest the letter is from the court.

How to Send It

Send the letter by registered mail or courier with delivery tracking. You want proof that the recipient received it — the signed return receipt or tracking confirmation becomes part of your evidence if the case goes to court. Keep a copy of the letter and the proof of delivery in your file.

You can also deliver the letter in person, but then you'd need a witness who can later confirm the date and circumstances of delivery.

After the Deadline Passes

If the recipient pays, the dispute is over. If they offer a partial payment or a payment plan, you can negotiate — but get any agreement in writing before accepting.

If they ignore the letter or refuse to pay, you move to filing. Take Form 1 (Claim) to the court office in the appropriate judicial district, pay the filing fee ($50 for claims up to $3,000, $150 for $3,000.01 to $20,000), and begin the formal court process.

One important note: the demand letter does not stop the limitation clock. The two-year limitation period under New Brunswick's Limitation of Actions Act keeps running until you actually file Form 1 with the court. If your limitation period is close to expiring, file first and negotiate later.

Get the Demand Letter Worksheet

Our Making a Small Claim in New Brunswick guide includes a demand letter worksheet with a structured template you can adapt to your situation, plus a filing-readiness checklist for when the deadline passes without resolution.

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