Small Claims Court is designed to resolve disputes in an informal, efficient, and inexpensive manner, with opportunities for settlement at various stages of the process, typically without the need for legal representation.
A small claim may be for a debt, damages and/or return of property, valued up to $20,000.
The Small Claims Court cannot hear:
- family matters,
- matters involving title to or interest in land,
- matters concerning entitlement under a will or intestacy,
- matters related to libel, slander, breach of promise of marriage, malicious arrest, malicious prosecution or false imprisonment.
The jurisdiction of Small Claims Court is found in the Small Claims Act 2012-c.15.pdf
The entire small claims process and forms are found in the General Regulation - Small Claims Act 2012-103 - General
This is generally how the small claims process works:
- Filing a Claim:
To start a small claim, the claimant completes a claim form (Form 1) detailing their case, including the basis of the claim, the amount claimed and whether the claim is for money, possession of property, or both. If the claim is for $3,000 or less, the filing fee is $50. If the claim is for between $3,000 and $20,000 (the maximum), the fee is $100. The claim is filed in the applicable court office. Be sure to bring to the court enough copies of the claim for every claimant and defendant involved. The claimant is responsible for serving the defendant(s)
Note: Claims for more than $20,000 will not be accepted for filing.
- Response:
The defendant(s) have 30 days to file a Response. The defendant may admit the claim, dispute the claim with reasons, and may file a counterclaim or third party claim. A defendant may also admit the claim and request a payment hearing (a hearing to establish a payment schedule). Once a Response is filed disputing the claim, a hearing date will be set before a Hearing Officer.
- Default Judgment:
If the defendant(s) does not file a Response, or files a Response admitting the claim in full, the claimant may request a Default Judgment. If the claim is for only a debt or return of personal property, a Default Judgment may be given. If the claim involves damages, and no response is filed, a hearing will be set before a Hearing Officer to assess the damages. Enforcement of a Default Judgment (e.g., collecting the money or personal property) is the responsibility of the claimant.
- Hearing:
A small claims hearing is generally as informal as possible, while maintaining the respect required of a courtroom. At the hearing, the Hearing Officer asks the parties about settlement and provides an opportunity for settlement. If a settlement is reached, a Settlement Agreement may be signed and filed. If the parties cannot settle, the Hearing Officer will listen to both parties, review the evidence, and make a ruling by filing a Decision. If it is a hearing to assess damages as no Response was filed, the Hearing Officer will listen to the claimant, consider the evidence and give a Decision on the amount of damages.
- Judgment:
A Judgment specifying the amount of money the losing party must pay, will be provided following the Decision. The enforcement of a Judgment (e.g., collecting the money or personal property) is the responsibility of the winning party.
- Appeal:
A party may appeal to the Court of King’s Bench from a Decision of a Hearing Officer only on a question of law or jurisdiction.
Small Claims Court is widely used as it provides an efficient and affordable option for resolving disputes without the need for costly litigation.
For more detailed information on the Small Claims Court and its processes, including fillable pdf forms, please visit the Public Legal Education and Information Service of New Brunswick website.