How to File Small Claims in Alberta Court of Justice (2025 Guide) | Calgary

Step-by-step guide to Alberta Small Claims Court up to $100K. Calgary process serving, filing & paralegal help from Serve Ninja Legal Support.

Michael, of Serve Ninja Legal Support – Calgary's trusted paralegal partner.

12/10/20252 min read

Your Calgary business is owed $15,000 on an unpaid invoice. A customer disputes a service bill for property damage. Or a former tenant skips out on lease payments. These common scenarios can drain time and resources if not handled properly. Enter Alberta's Small Claims Court in the Court of Justice, a streamlined, cost-effective way to resolve civil disputes up to $100,000 without needing a lawyer.

Since recent jurisdictional expansions, the Alberta Court of Justice handles claims up to this limit, making it ideal for individuals and small businesses. Limitation periods (typically 2 years) mean acting fast is crucial. This 2025 guide walks you through the process step-by-step, from assessment to enforcement. At Serve Ninja Legal Support, we handle the paperwork, filing, and serving so you don't have to.

Step 1: Assess Your Claim Eligibility

Before filing, confirm your dispute qualifies for Small Claims. Eligible claims include unpaid debts, contract breaches, property damage, and wrongful dismissal (under the limit). Exclusions: family law, libel, or claims over $100,000.

Gather strong evidence:

  • Contracts, invoices, and emails

  • Photos of damage or proof of delivery

  • Witness statements or records

Calculate your exact amount, including interest and costs. Use the court's self-help guide to verify. Unsure? Serve Ninja offers free claim reviews to spot issues early and avoid dismissal.

Step 2: Draft and File Your Civil Claim

Start with the Civil Claim Form. Detail the facts, your remedy sought, and supporting evidence. Attach a Dispute Note if needed for complex claims.

Filing options:

  • In-person: Calgary Court of Justice (601 5 St SW). Fees start at $100.

Timelines: File within 2 years of the incident. Serve within 1 year of filing. Errors in format or jurisdiction lead to rejection, our paralegals draft court-ready documents to prevent this.

Serve Ninja Tip: We prepare, file, and confirm submission with digital proof, saving you trips downtown.

Step 3: Serve the Defendant Properly

Service is non-negotiable—personal delivery by a process server is required. Use Alberta Rules of Court Part 11 for methods (personal, substituted, or alternative).

Affidavit of Service proves delivery. Digital timestamps beat paper trails.

Why professionals? Skip-the-boiler servers risk invalid service and wasted claims. Serve Ninja provides:

  • Experienced Calgary process servers

  • Real-time updates and digital affidavits

  • Coverage across Alberta

Step 4: Navigate the Court Process to Resolution

Post-service, defendants have 20 days to file a Dispute Note. Options include:

  • Settlement Conference: Court-mediated talks (mandatory for some claims).

  • Default Judgment: If no response.

  • Trial: Present evidence before a judge.

Win? Enforce via Writ of Enforcement for seizures or garnishment. We guide executors through timelines and paperwork.

Common Pitfalls and How to Avoid Them

  • Missing deadlines: Track with calendar reminders.

  • Weak evidence: Organize chronologically.

  • Improper service: Always use sworn affidavits.

Why Choose Serve Ninja for Small Claims?

From drafting Civil Claims to door-step serving and filing confirmation, we cover every step. No retainers, flat fees, and Calgary-based service. Skip the stress, contact us for uncontested resolutions.

Ready to recover what's yours? Book a free consultation today.