Understand small claims court procedures in Manitoba

 

Businesses can use Manitoba's Small Claims Court to collect outstanding debts up to a maximum of $10,000. It is an informal process and you can represent yourself, or have legal counsel. It's important to know that if your business is awarded a judgement by the court, the court will not collect the money for you.

To file a claim, you must have the full, complete name and address of the other party. If needed, run a business name search with the Manitoba Companies Office (phone 945-2500 or 1-888-246-8353).

You can file a claim at the nearest Court of Queen's Bench location. There is a $50 filing fee for claims under $5,000 and $75 for amounts between $5,001 and $10,000. You can use different methods to deliver your claim to the defendant, including personal delivery and registered mail.

A hearing will be set so the claim can be heard and decided by a court officer. While the court will not help collect money awarded in the judgement, there are a few ways it can help you collect the funds, including:

  • Notice of garnishment on wages or bank account ($50 filing fee)
  • Certificate of Judgement attached to a land title ($20 filing fee)
  • Writ of Seizure and Sale for sheriff to obtain and sell goods ($20 filing fee, plus sheriff's enforcement costs)

Either party can appeal the decision within 30 days. A $35 filing fee is required.

There are 17 Small Claims Court offices across Manitoba. To see the list of locations, or learn more about the small claims court process, check out the Small Claims Court webpage.

CFIB's Business Counsellors are also ready to answer your questions. Call us at 1-888-234-2232.

Do something positive for your business!
Tiny URL
 

Close