Unpaid Invoice Small Claims Court Nova Scotia
The work is done, the invoice is sent, and the client has gone silent. Sixty days pass, then ninety. Polite reminders get ignored. Follow-up emails bounce. At some point, waiting stops being patience and starts being a write-off — unless you do something about it.
Nova Scotia Small Claims Court handles unpaid invoice claims up to $25,000, and the process is designed for exactly this situation: a straightforward debt where one party did the work and the other did not pay.
Building Your Case
An unpaid invoice claim is one of the clearest cases in Small Claims Court because the paper trail usually tells the whole story. Before filing, gather:
The contract or agreement. This can be a formal signed contract, a written quote that was accepted by email, a text message exchange confirming the scope and price, or even a purchase order. Any evidence that shows the parties agreed to specific work for a specific amount.
The invoice(s). Your original invoice with the date, line items, total, and payment terms. If you sent follow-up invoices or statements of account, include those too.
Proof of delivery or completion. Delivery receipts, sign-off documents, progress photos, time logs, completion certificates — anything that shows you did what you agreed to do.
Communication records. Emails, text messages, or letters showing your payment requests and the debtor's silence or refusal. Print and organize these chronologically.
The demand letter. If you sent a formal demand before filing (and you should have), include a copy along with the proof of delivery.
Calculating Your Claim Amount
Your claim can include:
- The unpaid principal — the total invoiced amount that remains owing
- Pre-judgment interest — at the rate stated in your contract. If your contract does not specify an interest rate, the statutory default is 4% per annum from the date payment was due
- Filing fee — $99.70 for claims under $5,000 or $199.35 for claims between $5,000 and $25,000
You cannot claim: legal fees (even if you hire a lawyer, the court is prohibited from awarding representation costs), time spent preparing or attending the hearing, or lost business revenue during the dispute.
The $25,000 limit excludes interest and costs, so your base invoice amount must be $25,000 or less. If the total is higher, you can abandon the excess to stay within the court's jurisdiction — but the abandoned amount is permanently gone.
The Interest Calculation
For a $7,500 invoice that was due on January 15 and you file on July 15 (six months later) with no contractual rate:
$7,500 × 4% ÷ 365 × 182 days = $149.59 in pre-judgment interest
State this calculation clearly on your Form 1 Notice of Claim. Adjudicators appreciate seeing the math rather than a round number.
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Common Defences to Expect
Defendants in unpaid invoice cases typically argue one of these:
- The work was not completed. Counter this with your completion documentation, sign-off records, and any communications where the client acknowledged receipt.
- The work was defective. They may file a counterclaim for the cost of remedying alleged defects. Prepare photos, inspection reports, or third-party assessments showing the quality of your work.
- There was no agreement on the price. Counter with the written quote, accepted proposal, or email thread confirming the amount. If pricing was discussed verbally, any subsequent invoice that was not disputed at the time supports your figure.
- The invoice is disputed. Ask yourself: did they raise the dispute before you filed, or only after? A defence that appears for the first time in court paperwork, months after the invoice was sent, carries less weight.
Suing a Business vs. an Individual
If your client was a sole proprietor trading under a business name, you need to name the individual owner "operating as" the trade name on Form 1. Search the Registry of Joint Stock Companies (RJSC) to confirm the owner's legal name.
If your client was an incorporated company, you sue the corporation by its exact registered name. The company's personal directors are generally not liable for the company's debts unless they signed a personal guarantee.
After the Judgment
If the adjudicator awards you the invoice amount and the debtor still does not pay, enforcement options include filing an Execution Order with the Sheriff for wage garnishment or asset seizure. See our enforcement guide for the full collection process.
For a complete walkthrough of filing an unpaid invoice claim — from the demand letter through judgment enforcement — see the Nova Scotia Small Claims Filing Guide.
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