Used Car Dispute Small Claims New Brunswick

You bought a used car privately, the seller promised it ran fine, and a week later the engine light comes on with a $4,000 repair bill. In New Brunswick, the Small Claims Court handles vehicle disputes up to $20,000 — enough to cover most private sales gone wrong.

What Qualifies as a Vehicle Dispute

The Small Claims Court of New Brunswick hears claims for debt, damages, and the recovery of personal property. Used car disputes typically involve:

• A private seller who lied about the vehicle's condition or concealed mechanical defects
• A vehicle that was misrepresented in the listing (rolled-back odometer, undisclosed accident history, wrong model year)
• A dealer who refused to honour a warranty or sold a vehicle that fails a safety inspection
• A deposit paid for a vehicle the seller then sold to someone else

If the total you are claiming — including the purchase price, towing, diagnostics, taxis, and any other out-of-pocket costs — stays at or below $20,000, the claim fits. That ceiling includes pre-judgment interest but excludes court costs.

The Challenge: Serving an Evasive Seller

Private vehicle sellers are among the hardest defendants to serve. Unlike a business with a registered office, an individual seller can move, ignore the door, or give a fake address. Common service options include:

1. Personal delivery — hand Form 1 and a blank Form 2 directly to the seller. A friend or process server can document service with a Form 20 Affidavit of Service sworn before a Commissioner of Oaths.
2. Service at the seller's residence — leave a copy with an adult occupant and mail another copy to the seller at that address the same or next day.
3. Registered mail or courier — service is proved by a delivery acknowledgment or confirmation bearing the seller's signature.
4. Sheriff Services — $75 per person served. The Sheriff's office handles the logistics and provides proof of service.

If the permitted methods do not work, you can apply for an order for service in another manner using Form 23. The court decides what method is appropriate and when service will be effective.

You have one year from the date you filed your claim to complete service. If you cannot serve the claim within that period, apply for an extension under Section 62 before it expires.

Quantifying Your Damages on Form 1

Vehicle disputes create layers of secondary costs beyond the purchase price itself. On Form 1, you can claim:

• Purchase price — the amount you paid for the vehicle
• Diagnostic and repair costs — mechanic invoices for inspecting and attempting to fix the defect
• Towing fees — if the vehicle broke down and had to be towed
• Alternative transportation — taxis, rideshares, or rental cars you needed because the vehicle was undriveable
• Pre-judgment interest — for damages, the Adjudicator may award interest through the date of judgment

Be specific. Itemize each amount separately on the claim form, and attach receipts for every line. The Adjudicator will not award vague or unsubstantiated amounts.

If your total exceeds $20,000, you can abandon the excess to stay within the court's jurisdiction — but the abandoned amount is permanently lost.

Evidence That Wins Vehicle Cases

Four complete sets of your evidence bundle go to the hearing. For a used car dispute, the strongest evidence includes:

• Bill of sale — shows the agreed price and any written representations the seller made
• Vehicle listing — screenshots of the original Kijiji, Facebook Marketplace, or AutoTrader ad showing how the vehicle was described
• Text messages or emails — any communication where the seller stated the car's condition, mileage, or history
• Pre-purchase inspection report — if you had one done, it establishes the baseline condition at the time of sale
• Post-purchase mechanic report — a qualified mechanic's written assessment of the defects you discovered
• Repair invoices — receipts for any work done to address the defects
• ICBC or CarProof/Carfax history report — shows accident history, odometer discrepancies, or lien registrations
• Photographs — pictures of the defect, the vehicle's condition, or damage

Organize everything chronologically, starting with the listing and ending with the latest repair invoice. The Adjudicator is looking for a clear trail from what the seller promised to what you actually got.

Default Judgment vs. Assessment Hearing

If the seller does not file a Form 2 Response within 30 days of being served, you can apply for default judgment. But here is the catch: if your claim includes unliquidated damages (repair costs, towing, transportation — amounts that are not a single fixed debt), the clerk cannot just enter a number. An assessment hearing is scheduled, and you still need to attend and prove what you are owed.

Only a pure liquidated debt — like a deposit the seller agreed to return in writing — qualifies for direct default judgment by the clerk.

Collecting After You Win

A judgment in your favour does not automatically put money in your account. If the seller does not pay voluntarily, you enforce through Sheriff Services under the Enforcement of Money Judgments Act. The process starts with a $120 initiation fee and can include garnishing wages, seizing the seller's own vehicle, or attaching bank accounts. Sheriff seizure fees are $300 plus 10% of proceeds up to a $5,000 cap.

Get the Full Roadmap

Vehicle disputes involve more moving parts than a straightforward debt claim — from tracking down the seller to quantifying secondary costs. The New Brunswick small claims filing guide covers every step from the demand letter through enforcement, with worksheets for organizing your evidence and calculating your claim.

See more New Brunswick guides →