Small Claims Information

Small Claims Court - Summary of Information

Small Claims Court is intended for people to be able to act for (represent) themselves without the assistance of a lawyer.  However, lawyers are allowed to appear & represent clients there.

General information available on the web: (www.albertacourts.ab.ca/ProvincialCourt/CivilSmallClaims Court)

Video at Courthouse (6th Floor) and on the website.

Maximum claim allowed is $25,000.00.

File “Civil Claim” form as Plaintiff.  Will cost $100 for claims up to $7,500.00 & $200 for claims over 7,500.00.  Serve it on Defendant.  File Affidavit of Service (back of Civil Claim form).

Defendant files “Dispute Note”.  If Defendant does not file Dispute Note then Plaintiff may obtain default judgment.

Court date set.  Judge will most likely require attempt at settlement by the parties, between themselves.

If no settlement, matter is heard in court.  Evidence can be offered by way of documents and testimony.  Any documents to be relied on in court (as “exhibits”) should be given to the Defendant ahead of time. 

If Court grants a judgment in Plaintiff’s favor, it can be filed in Court of Queen’s Bench.  Civil Enforcement Agency (private bailiff) handles seizure of property from Defendant to satisfy the judgment.  If Defendant has no assets then nothing for the bailiff to seize.

If Defendant is working, may be able to garnishee wages.

Plaintiff should check at an Alberta Registry Office to search for any other creditors that may have judgments against the Defendant.  If so, then any money the Plaintiff collects will be shared with the other creditors. 

Judgment lasts for 10 years and can be registered at Personal Property Registry and at Land Titles Office if Defendant owns any land in Alberta.

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If Plaintiff has very limited financial means, they can contact Calgary Legal Guidance (403-234-9266) or Student Legal Assistance (U of C law students – 403-220-6637) for legal information and possible legal advice & representation.  Can also contact Lawyer Referral Service (1-800-661-1095) for referral to up to 3 lawyers who will agree to meet for up to 30 minutes at no charge.

1700 Varsity Estates Drive NW, Calgary, AB, Canada T3B 2W9
Office: (403) 457-4217 / Fax: (403) 210-3453