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Small Claims in Alberta

Clear, province-specific guidance on small claims procedures, filing limits, fees, and court processes in Alberta.

Always confirm current rules with the appropriate court in your jurisdiction.

Important Note

This information is for general guidance and is not legal advice. Small claims rules, fees, and claim limits may change. Always confirm curent details with your local court.

  • Civil Claims are handled at Alberta Court of Justice locations throughout the province.

    Alberta Court of Justice – Court Locations

    Check with the specific registry for filing requirements and operating hours.

  • Response Times

    Each step in the Alberta Civil Claims process has a time limit.

    Serve the Claim: as soon as possible after filing
    Defendant’s Reply (Dispute Note): within 20 days
    Hearing: generally scheduled within a few months
    Payment: typically due within 30 days unless stated otherwise
    Default Judgment: available if no Dispute Note is filed

  • There is an opportunity to resolve your dispute before attending a hearing.

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    Settlement Discussions

    You can communicate directly with the defendant to try to reach an agreement.
    If settled, document the terms in writing and file a Consent Judgment or Notice of Withdrawal with the court.

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    Civil Mediation Program

    Many Civil Claims may be referred to mediation through Alberta’s Civil Mediation Program.

    Alberta Civil Mediation Program

    If no agreement is reached, the case proceeds to a hearing.

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    Court Hearing

    If the matter is not resolved, the court will schedule a hearing date.

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    What to Expect

    Hearings are straightforward and intended for self-represented parties.


    Bring:

    • All evidence organized in the order you will present it

    • Copies of documents for the judge and the defendant

    • Witnesses, if applicable

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    During the hearing, you will explain what happened and answer any questions from the judge. After both sides present, the judge will issue a decision either at the hearing or later by mail.

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    Judgment & Enforcement

    If you win your case, the judge will issue a Judgment.

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    If You Win

    You will receive the official judgment outlining the amount owed.
    If the defendant does not pay voluntarily, you may take enforcement actions such as:

    • Wage garnishment

    • Bank garnishment

    • Seizure and sale of assets

    These processes fall under Alberta’s Civil Enforcement Act.

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    If You Lose

    You may be responsible for certain costs.
    Appeals may be possible but must follow strict timelines.

  • Once your form and evidence are ready, you can file your Civil Claim.

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    Where to File

    Civil Claims are filed at the Alberta Court of Justice registry nearest to where:

    • The defendant lives or does business, or

    • The incident occurred

    Government of Alberta – Filing a Civil Claim

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    Most Civil Claims must be filed in person or by mail. Confirm requirements with your local registry.

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    What to Bring

    • Completed Civil Claim (CTS1461)

    • Supporting documents

    • Filing fee or approved waiver

    The clerk will stamp your claim, assign a file number, provide stamped copies for service, and outline next steps.

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    Serve the defendant

    After filing, you must officially deliver (serve) the stamped claim to the defendant. This step is required before the case can proceed.

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    When to Serve

    Serve the defendant as soon as possible after filing.
    The defendant typically has 20 days to file a Dispute Note.

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    How to Serve

    Service can be done by:

    • Personal delivery

    • Registered mail with tracking

    • A process server

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    If service cannot be completed using these methods, you may apply for substitutional service.

    Court Procedures – Calgary Legal Guidance

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    Proof of Service

    Complete an Affidavit of Service and file it with the court.
    Keep all proof of delivery and tracking records.

  • Before filing, take time to prepare your case. This helps ensure accuracy and avoids delays.

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    Send a Demand Letter

    Attempt to resolve the matter first. Include:

    • What happened and what you are requesting

    • A deadline for response (typically 14–30 days)

    • Notice that you will file a civil claim if there is no reply

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    Send by registered or trackable mail and keep proof of delivery.

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    Gather Your Evidence

    Collect everything that supports your claim:

    • Receipts, contracts, invoices

    • Screenshots or communication logs

    • Any responses from the business or platform

    • A timeline of events in order

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    Complete the Correct Form

    Use the Civil Claim (Form CTS1461) from the Alberta Courts.

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    Include:

    • Correct legal name of the business or individual

    • A brief summary of what happened

    • The amount you are claiming

  • Civil Resolution Tribunal (CRT)
    Use the CRT for:

    • Claims $5,000 or less

    • Strata disputes

    • Certain motor vehicle accidents

    • Society and cooperative association disputes

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    CRT is required for many smaller claims. Some disputes are mandatory, some are optional if both sides agree.

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    BC Provincial Court – Small Claims
    Use Provincial Small Claims Court for:

    • Claims $5,001 to $35,000

    • Debts, property damage, contract issues, or personal losses

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    Larger than $35,000:
    You can file, but you must abandon anything above $35,000 and cannot claim it later.

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    Smaller than $5,001:
    Usually goes to the CRT unless:

    • CRT refuses

    • The dispute is exempt

    • You are enforcing a CRT order

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    Visit the Civil Resolution Tribunal website for details and online filing.

In This Guide

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