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FAQ
Frequently Asked Questions

1. What is Small Claims Court?

Small claims court is a court of law, but it's not designed for lawyers. It has well defined and uncomplicated rules and procedures. It is meant to be a non-lawyer, do-it-yourself type of court where anyone can litigate their own cases.  Neither the Plaintiff nor the Defendant requires legal representation. For example, the paper forms completed by both the Plaintiffs and Defendants are simple fill-in-the-blank type of PDF forms.  The same paper forms are electronically created for you when you use the e-Filing system.

Small claims court is where people can go to settle their differences in cases where the amount being claimed is up to $25,000.

2. How do I begin a Claim?

To begin a claim in Small Claims Court, the Plaintiff must perform the following two steps:
a) complete and submit to the Provincial Court a “Statement of Claim”.  This form notifies the Court of your intent to sue.  It provides the court with the following details: 1) Plaintiff(s); 2) Defendant(s); 3) What happened; 4) Where and when it happened; and 5) How much is being claimed.

b) When a statement of claim has been filed with the court, signed and issued the defendant must be served with a copy of the Statement of Claim.

3. How do I reply to a Claim?

If a person is served with a Statement of Claim, the options below are available.  Note: these options must be performed before 10 days have elapsed after the time you were served if within Newfoundland and Labrador (NL). If outside of NL, there is a 30 day time period.

a) A person may choose to agree and pay the claim;
b) A person may choose to counterclaim;
c) A person may choose to do nothing. If you do nothing, the Plaintiff may apply for a Default Judgment against you.
d)  A person may partially agree with the claim, in which case a settlement conference will be set by the court.
e) A person may deny the entire claim, in which case a settlement conference will be set by the court.

4. What is a Plaintiff?

A Plaintiff is a person who brings a civil action or who sues in a civil action and is so named in the record.

5. What is a Defendant?

A Defendant is a term used in the civil law to indicate a party against whom an action or proceeding is taken.

6. Who can sue and be sued in Small Claims Court?

Only a legal entity can sue and be sued.

A legal entity is:
a) an individual;
b) a company/corporation;
c) a registered partnership; and
d) a government – municipal, provincial, federal (the federal government will have to proceed to Supreme Court) .

7. What is the maximum amount of claim in Small Claims Court?

$25,000.00 before costs. If the amount exceeds $25,000.00 you may initiate your claim in Supreme Court of Newfoundland and Labrador OR abandon the amount in excess of $25,000.00. A claim cannot be divided to bring it within the jurisdiction of the Court.

8. What are the costs in taking a person to Small Claims Court?

The fee to file a claim from $0.01 to $499.99 is $50.00.  For claims $500 to  $25,000, the fee is $100.00.

9. What is required if the claim involves a motor vehicle accident?

The Plaintiff is required to have an original and two photocopies of the estimate of damages to the vehicle or a receipt for the repairs completed.

10. What is required if the claim is against a company?

It is essential that the FULL NAME AND ADDRESS be shown for both Plaintiff and Defendant. Initials are not sufficient unless it is a firm name. Where a business is not incorporated, it should be shown as the Plaintiff’s (Defendant’s) name, e.g. Paul Smith trading as Paul’s Electronics. If either party is a Company the Court will require you to file Form 3 and 6 with your Statement of Claim. These forms are available at the Registry of Deeds and Companies – Confederation Building or online at https://cado.eservices.gov.nl.ca/.

11. What forms do I need to start a claim?

You are required to complete a Statement of Claim, Form No. 1. When the form is completed, either online via this Website or manually, it must be registered and signed by an authorized officer of the Court before being served on the Defendant.

12. How do I serve the documents?

You may serve the documents personally on the Defendant, electronically, by serving Registered Mail or have a process server serve them pursuant to rule 20.1 of the Small Rules.

13. How long does the Defendant have to respond to a Statement of Claim?

The Defendant has Ten (10) days to respond.  If outside the Province of Newfoundland and Labrador, the Defendant has 30 days.

14. What happens if ten days (30 days for out of Province Defendants) have elapsed from the date of service of the documents?

If a Reply is not filed within ten days (30 days outside the Province of Newfoundland and Labrador), the Plaintiff may proceed to have Default Judgment issued against the Defendant. The Plaintiff will be required to complete an Application for Default Judgment (Form No. 5) and pay a fee of $10.00.

15. What happens if a Reply is filed?

If a Reply is filed, a Settlement Conference may be held at the time and date set by the Court or a trial date may be set.

16. What is a Settlement Conference?

A Settlement Conference is a pre-trial hearing in which both parties in the presence of a mediator, may discuss the claim and come to an agreement without going to trial.

17. What happens if no Settlement is reached at a Settlement Conference?

If no agreement is reached at a Settlement Conference, a date for trial will be set by the Court. If no Settlement Conference is held, a trial date will be set by the Court.

18. What happens after the Default Judgment is issued by the Court?

You may proceed to Enforcement if your judgment has been registered with the Sheriff’s Office pursuant to the Judgment Enforcement Act. A brochure is available from the Court pertaining to Enforcement.  You may also access the Judgment Enforcement Website at the following address: https://jer-remote.justice.gov.nl.ca/.

19. How do I register my Judgment?

If you wish to proceed to Enforcement, you should complete a Registration Form available from the Court, or online via this e-Filing Website, and file with your Judgment. The Court will register your Judgment on the Judgment Enforcement Registry. There is a $15.00 fee for registering.

20. Does the court require the parties to have the services of a lawyer?

The Plaintiff/Defendant is not required to have the services of a lawyer. Either party may engage the services of a lawyer if they so desire.

21. What are Creditors and Debtors?

Creditor: A party to which a debt is owed that has proved the debt in a legal proceeding and that is entitled to use judicial process to collect the debt; the owner of a satisfied court decision.

Debtor: A party against which an unsatisfied court decision is awarded; a person who is obligated to satisfy a court decision.

A party that wins in a lawsuit is known as the Creditor until the award is paid, or satisfied. The losing party, which must pay the award, is known as the Debtor.

22. Who do I call for help with my login account or questions about Small Claims e-Filing?

E-Filing support is available by calling 1.888.729.1569. Support is available from Monday - Friday 8:30 AM - 12:30 PM and 1:30 PM - 4:30 PM Newfoundland Standard Time. During summer hours the Provincial Court closes at 4 PM.

You may also send an email to SmallClaimsEFiling@gov.nl.ca. Please allow 1 - 2 business days for a response.




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