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SMALL
CLAIMS COURT > Highlights
- When taking a case to Small Claims Court
it is very important that the Rules of the Court be followe
 d. A copy of the Small Claims Rules can be obtained from the Queen’s Printer. Their
phone number is : (709) 729-3649 or Fax (709) 729-1900.
- To start a claim in Small Claims Court, Form 1 - Statement
of Claim must first be completed. When completed the Statement of Claim must be filed with
the Court. The cost of filing a claim in the amount of $500 to $25,000 is $100.00; for a
claim less than $500, it is $50.
- 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 Companies and Deeds at:
59 Elizabeth Avenue
St. John’s, NL
Phone: (709)729-3317
Website: www.gov.nl.ca/Services/
- When your claim has been checked and signed by a Justice of
the Peace, the Clerk will return the claim form to you (the Plaintiff) to be served on the
party you are suing (the Defendant). Service can be affected by serving the claim by
personal service, registered mail; or by a process server. It is up to you to make this
choice as well as any arrangements for service. A copy of the costs allowed for service
can be obtained from the Court Clerk.
- Once the Defendant has been served
the Defendants copy of the Statement of Claim, the copy marked
Service must be retuned to the Court, with Proof of Service.
- It is important to note that the
Defendant has 10 days ( 30 days if resident outside the Province) to
file a Reply. This is straight days but if the last day falls on a
holiday or weekend it is the next working day.
- Following the 10 days (30 days for
non-residents), if no Reply has been filed, the Plaintiff can file
for Default Judgment - Form 5. It is important to note that the
Defendant may file a Reply at any time before the Default Judgment
is filed even though this might be after the 10 days ( 30 days for
non-residents) has expired.
- Another important point to note is
that under certain circumstances the Small Claims Act and Rules
permit a Defendant to make application on Form 14 to cancel a
Default Judgment. A Defendant has 12 months from the date of
Judgment to make such application. If a Judge grants the application
a date will be set for a Settlement Conference.
- If a Reply ( containing a defence,
or Counter-claim), is filed by a Defendant the Court will set a date
for a Settlement Conference and both parties will be notified of the
date by Certified Mail.
- When and if Judgment is obtained on
your claim, you must complete a Judgment Form. If Default Judgment
is obtained, complete Form 5; Consent Judgment Form 17; Form 10 for
any other Judgment. The Judgment must be filed with the Court along
with a Registration Form. Your Judgment is then registered with the
Sheriff’s Office and you can proceed to enforcement and collection.
A brochure is available from the Court on procedures following
Judgment.
- Either party has 30 days in which to
take an appeal from a decision of the
 Small Claims Court. Appeals
are taken to the Supreme Court - Trial Division.
- Should your claim settle prior to
Judgment, the Court will require you to file a Notice of Withdrawal
on Form 16.
- Normal Office hours for the Small
Claims Court are 8:30 a.m. to 4:30 p.m.. During the Summer the
office closes at 4:00 p.m.
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