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Overview
The Small Claims Court hears actions for debt, damages, and/or the return of personal property for an amount up to $20,000. Claims are heard by a hearing officer and the process is somewhat less formal than regular court processes.
Solicitors or self-represented litigants who are parties to proceedings in the Small Claims Court in any of the eight judicial districts in New Brunswick shall pay the appropriate fees to the clerk for filing documents and services rendered, pursuant to Subsection 71(1) of the General Regulation under the Small Claims Act.
Forms for Small Claims Court
Not all Small Claims Court forms are listed. All Small Claims Court forms can be found in the General Regulation – Small Claims Act (PDF 3.1 MB).
| Form | Description |
| Form 1 — Claim (PDF 655 KB) | To make your claim |
| Form 2 — Response (PDF 641 KB) | To defend or admit the claim |
| Form 3 — Third Party Claim (PDF 697 KB) | To include a party the Defendant feels is responsible for the claim |
| Form 4 — Third Party Response (PDF 681 KB) | To defend or admit the third-party claim |
| Form 5A — Notice of Withdrawal by Claimant (PDF 553 KB) | For the Claimant to withdraw the claim from the court |
| Form 5B — Notice of Withdrawal by Defendant (PDF 577 KB) | For the Defendant to withdraw the claim from the court |
| Form 6 — Request for Judgement (PDF 582 KB) | To proceed with claim if no Response or if claim is admitted |
| Form 8 — Affidavit to Set Aside a Default or Interim Judgement (PDF 594 KB) | Request a judgment be set aside when you didn’t file a Response |
| Form 10 — Payment Agreement (PDF 530 KB) | To write down the agreement made at a payment hearing |
| Form 12 — Summons to Witness (PDF 571 KB) | To require a person to attend a hearing as a witness |
| Form 13 — Settlement Agreement (PDF 546 KB) | To write down any agreement the parties make |
| Form 15 — Affidavit to Set Aside a Judgement After a Hearing (PDF 567 KB) | To request a judgment be set aside when you didn’t attend a hearing |
| Form 17.1 — Notice of Appeal (PDF 1.0 MB) | To appeal a Small Claims Court decision to the Court of King’s Bench |
| Form 18 — Request for Leave to Appeal (PDF 510 KB) | To ask for permission to appeal to Court of Appeal |
| Form 19 — Notice of Appeal (PDF 515 KB) | To tell the parties there is an appeal to the Court of Appeal |
| Form 20 — Affidavit of Service (PDF 659 KB) | To prove you served documents to parties or witnesses |
| Form 21 — Consent to Act as a Litigation Guardian (PDF 578 KB) | To apply to make or defend a claim on behalf of someone under 19 or disabled |
| Form 22 — Application to Transfer Small Claim to the Court of King’s Bench (PDF 512 KB) | To move your case to the Court of King’s Bench so you can claim a higher amount or for other stated reasons |
| Form 23 — Application for Order by Small Claims Court (PDF 594 KB) | To apply for an order of the Court |
| Form 26A — Memorandum of Satisfaction of Judgment (PDF 534 KB) | Signed by the person entitled to the benefit of the judgment |
Fees
| For filing a claim or a response with a counterclaim if the total of the claim or the counterclaim is $3,000 or less | 50 |
| For filing a claim or a response with a counterclaim if the total of the claim or the counterclaim exceeds $3,000 | 100 |
| For filing a response denying all or part of a claim, with no counterclaim | 25 |
| For filing a third-party claim | 50 |
| For filing a third-party response denying all or part of a third-party claim | 25 |
| For a photocopy of a document (per page) | 0.50 |
| For a certified copy of a document | 10 |
| For a search | 10 |
Contacts
| Contact Information | Location | |
| Bathurst (Regional Office) | [email protected] | 254 St. Patrick Street Bathurst |
| Campbellton (Regional Office) | [email protected] | 157 Water Street Campbellton |
| Edmundston Region (Regional Office) | [email protected] | 121 de l'Église Street Edmundston |
| Fredericton (Regional Office) | [email protected] | 427 Queen Street Fredericton |
| Miramichi (Regional Office) | [email protected] | 673 King George Highway Miramichi |
| Moncton (Regional Office) | [email protected] | 145 Assomption Blvd. Moncton |
| Saint John (Regional Office) | [email protected] [email protected]| |
10 Peel Plaza Saint John |
| Woodstock, Clerk's Office (Office) | [email protected] | 689 Main Street Woodstock |