New Brunswick's Small Claims Court hears claims up to $20,000, with filing handled through Service New Brunswick. 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 — with filing handled through Service New Brunswick. 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 filing and fees running through Service New Brunswick channels. 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. Fees are handled through Service New Brunswick, and initial documents are often submitted in person or by mail.
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 and the court decides based on what's proven on a balance of probabilities.
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.
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?
Claims are filed through the provincial court system, with fees payable through Service New Brunswick channels. Initial forms are often filed in person or by mail; confirm the current filing options when you start.
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). A written acknowledgement or partial payment can restart the basic two-year period.
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 →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.