New Brunswick's Small Claims Court hears claims up to $20,000, and you file at the Small Claims Court office for your region. This guide walks through filing, serving the borrower, what the hearing looks like, and the deadline to sue.
If a loan in New Brunswick has gone unpaid, the province's Small Claims Court gives you a clean, self-representation-friendly way to recover up to $20,000 — you file at a regional court office and put your case to a hearing officer. It's less about legal acrobatics and more about presenting clear proof of the debt. Here's the path from unpaid loan to enforceable judgment in New Brunswick.
New Brunswick's Small Claims Court handles money disputes up to $20,000, with claims filed at the regional court office (filing fee $50 for claims up to $3,000, $150 above that). It's a straightforward, self-representation-friendly route for recovering an unpaid loan.
The $20,000 limit
If you're owed $20,000 or less, the Small Claims Court of New Brunswick is your forum. Larger loans go to the Court of King's Bench, with its fuller procedure and cost — though you can choose to give up the amount over $20,000 to stay in the simpler court. For most personal loans, $20,000 is room enough.
Filing through the provincial system
You commence your claim by filing the required form identifying the borrower, the sum, and the basis of the debt, with supporting evidence — proof the money was advanced and that repayment was expected. The claim form is Form 1: you file it at the applicable Small Claims Court office and pay the filing fee there — $50 for claims up to $3,000, $150 above that.
Serving the defendant
Once filed, your claim must reach the borrower through proper service so they have notice and a chance to respond. Good service is not a formality to rush — a defect here can delay or derail an otherwise solid claim.
Resolution and hearing
New Brunswick's process encourages settlement, and many loan claims resolve before a full hearing once the borrower sees the documentation. If it proceeds, you present your evidence to a hearing officer, who decides based on what's proven on a balance of probabilities. An appeal to the Court of King's Bench is possible only on a question of law or jurisdiction, so the hearing is your main chance to prove the loan.
Enforcement
A judgment can be enforced through garnishment or seizure. You can also compel disclosure of the debtor's financial circumstances to direct your collection efforts. The order establishes the debt; collection is the follow-through.
Document the loan before you ever need the court
A signed agreement is the evidence that wins these claims. LendRight builds one both people e-sign in minutes. Free to draft.
Create my loan agreement →Common questions
How much can I sue for in New Brunswick?
Up to $20,000 in the Small Claims Court of New Brunswick. If your loan plus interest exceeds that, you'd pursue it in the Court of King's Bench, or abandon the excess to keep the simpler small claims process.
How do I file in New Brunswick?
You file the claim (Form 1) at the applicable Small Claims Court office — there are regional offices across the province — and pay the filing fee there: $50 for claims up to $3,000 and $150 for larger claims up to $20,000. Check the office's current hours and filing options before you go.
What's the deadline to sue?
Generally two years from discovery under New Brunswick's Limitation of Actions Act, with a 15-year ultimate limitation. For a loan repayable on demand, the two years run from the day the borrower defaults after your demand. A written acknowledgement of the debt, or a part payment, restarts the basic two-year period.
General information for New Brunswick, not legal advice; LendRight is not a law firm. Court limits, fees and limitation rules change — confirm current details with the Small Claims Court of New Brunswick before filing.
We write plain-language guides on lending between family and friends in Canada, reviewed against current provincial and CRA rules. LendRight is not a law firm — this is general information, not legal advice.