How to File a Small Claims Case in New Brunswick (2026 Guide)
New Brunswick handles small claims through a simplified process in the Court of King's Bench. Claims up to $20,000 qualify for this streamlined procedure, which is designed to be accessible without a lawyer.
Important disclaimer: This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed lawyer.
What Qualifies?
Small claims in New Brunswick cover monetary disputes up to $20,000, including breach of contract, unpaid debts, property damage, and consumer disputes. The process uses simplified forms and procedures compared to regular King's Bench litigation.
The Process
1. Send a demand letter — state what is owed, why, and a deadline to pay. Keep proof.
2. File your claim — file at the Court of King's Bench. Filing fees are approximately $50 for claims up to $3,000 and $100 for claims over $3,000.
3. Serve the defendant — personal service or registered mail. The defendant has 20 days to respond.
4. Settlement conference or hearing — the court may schedule a settlement conference first. If the dispute isn't resolved, it proceeds to a hearing where both parties present their evidence.
Key Deadlines
The limitation period is 2 years under the Limitation of Actions Act. The clock starts when you discover or should have discovered your claim.
How ProSe Helps
ProSe generates court-ready documents for New Brunswick's Court of King's Bench. Select New Brunswick, describe your situation, and get a properly formatted claim, demand letter, or affidavit.
Start for free at beprose.ca — your first three documents cost nothing.
Resources
- New Brunswick Courts (gnb.ca/courts) — official forms and information
- Public Legal Education and Information Service of NB (legal-info-legale.nb.ca) — free legal guides in English and French
Last reviewed: April 2026. Filing fees and procedures are subject to change; verify with the court office before filing.