Served With Small Claims Papers in New Brunswick — What to Do First

Someone just handed you an envelope with court documents, or a registered mail notice is sitting on your counter with legal-looking papers inside. Your stomach drops. Before the panic sets in, here is exactly what to do — step by step.

Verify the Documents Are Real

An authentic small claim in New Brunswick arrives as a Form 1 (Claim) from the Small Claims Court of New Brunswick. Check the header for the official court name, a court file number, and the judicial district. You should also have received a blank Form 2 (Response) — that is the form you will use to reply.

If something looks off — no court stamp, no file number, or a phone number you cannot verify — contact the court clerk's office in the judicial district named on the form using the number listed on the Government of New Brunswick website. Do not call a number printed on an unverified document.

A court claim is not the same as a demand letter, a collection notice, or a private settlement proposal. Only a filed, court-stamped Form 1 triggers the formal 30-day response deadline.

Record the Service Date

Write down exactly when and how you received the documents. Were they handed to you personally? Left with someone at your home? Delivered by registered mail? The service date starts your 30-day clock, and the method of service determines which date counts:

• Personal service — the date someone handed them to you
• Registered mail/courier — the delivery date on the signed confirmation
• Adult co-occupant — the date a copy was left with an adult occupant at your home, followed by ordinary mailing of another copy on the same or next day

Keep the envelope, the delivery slip, or any tracking confirmation. You may need this later if there is a dispute about whether service was properly completed.

Read the Claim Carefully

Form 1 sets out who is suing you, the amount they want (up to $20,000 in New Brunswick), and the factual basis for their claim. Look at Part A (monetary damages or debt) and Part B (return of personal property) to understand exactly what is being asked for.

Note the claimant's name, the judicial district, and the dollar amount. If the claim involves a consumer debt from a lender, credit card company, or collection agency, that falls into a specialized area — contact PLEIS-NB or the UNB Legal Clinic for guidance specific to debt defence.

File Your Response Before the Deadline

You have 30 calendar days from service to file your Form 2 Response. The filing fee is $50 (or $150 if you include a counterclaim over $3,000). Deliver it to the court clerk in the judicial district shown on the Form 1, either in person or by prepaid mail.

Ignoring the claim does not make it go away — it leads to a default judgment against you.

Our step-by-step New Brunswick response guide covers everything from verifying the papers through preparing for the hearing, with worksheets and checklists for each stage.

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