Manitoba Small Claims: How to Sue for Up to $20,000

If someone owes you money in Manitoba and the amount is $20,000 or less, you likely do not need a lawyer or a full civil trial to collect it. Manitoba's Small Claims process, run through the Court of King's Bench, is built for exactly this situation: relatively small, straightforward disputes that do not justify the cost and formality of ordinary litigation.

This guide explains what Manitoba Small Claims Court is, how much you can sue for, how to start and serve a claim, what happens at a hearing, and how to collect once you win. It also covers the appeal process and the time limit for filing a claim.

What Is Manitoba Small Claims Court

Manitoba does not have a stand-alone small claims court in the way some provinces do. Instead, Small Claims is a simplified process within the Court of King's Bench, governed by The Court of King's Bench Small Claims Practices Act and Rule 76 of the King's Bench Rules.

Most small claims are heard by a court officer rather than a judge. Court officers are court representatives with training and experience in the small claims process, though they may or may not be lawyers. A judge hears a claim instead when the government is a party, when a person or entity named in the regulations is involved, or when a court officer decides the interests of justice require it.

The process is meant to be simple, quick and inexpensive, and the rules reflect that. Legal briefs filed with a court officer, for example, are limited to 10 pages, and the evidentiary rules are more relaxed than in a full civil trial.

The $20,000 Monetary Limit

Effective January 1, 2025, the monetary limit for a Manitoba small claim increased to $20,000, up from the previous $15,000 limit. This figure excludes interest, court costs and disbursements, and general damages within a claim are capped separately at $2,000.

If your loss is larger than the limit, you still have options. You can waive the amount above $20,000 and proceed in Small Claims Court, but you give up any right to collect the excess. Alternatively, you can pursue the full amount through the regular Court of King's Bench civil process, which does not cap the claim size but is more formal and costly.

Small Claims Court can also be used to dispute liability for a motor vehicle accident, even where no dollar amount for damages is at stake. The court cannot, however, order the return of a specific item. It only awards money.

Who Can File a Small Claim

A small claim can be filed by an individual who is 18 or older, a parent or guardian on behalf of a child, someone acting for a person under a disability as a litigation guardian, or a business or corporation. You do not need a lawyer to file or defend a small claim, though you can choose to hire one.

Self-representing parties must still follow the same court rules, forms and deadlines as a lawyer would. Court staff cannot give legal advice, so if your claim is complex, it is worth seeking legal help before you file.

How to File a Claim

To start a claim, complete a Small Claim (Form 76A) and file it with the applicable Court of King's Bench location, along with the filing fee. The form asks for the correct legal names and addresses of every claimant and defendant, the type of claim, and the amount being claimed.

Getting the defendant's name and address right matters. If you name a defendant incorrectly and you win, you may not be able to collect the judgment from them. If you are suing a business, a search at the Manitoba Companies Office confirms its correct registered name.

Evidence and supporting documents are not filed with the claim itself. They are submitted later, either when a contested hearing date is set or when a default decision is requested, and generally must reach the court at least 14 days before a contested hearing.

Serving and Responding to a Claim

Once your claim is accepted, you are responsible for serving a copy of it, along with a blank Defence form, on every defendant within 30 days of filing. Acceptable methods include personal delivery, leaving it with someone at least 16 years old at the defendant's residence, or registered mail. Courier services are not accepted for service on a Manitoba defendant.

A defendant who wants to dispute a claim, or ask for time to pay, must file a Defence within 20 calendar days of being served. A defendant who believes the claimant owes them money can instead file a Defence and Counterclaim. If no Defence is filed in time, the claimant can ask the court to note the defendant in default and issue a decision without a further hearing.

For more detail on service rules and what happens after a decision is issued, see serving and collecting a judgment.

The First Appearance and Hearing

The first step after service is a short first appearance, usually held by teleconference. The court officer uses this appearance to see whether the parties can settle, and to schedule a longer contested hearing if they cannot.

Contested hearings are typically held virtually by video conference unless the court officer directs otherwise. Parties give evidence under oath or affirmation, and the hearing follows a simple order: the claimant's case, the defendant's case, then closing arguments from each side before the court officer or judge decides.

Decisions are often reserved and mailed out as a Certificate of Decision, along with a summary of reasons, within one to two weeks of the hearing. That certificate becomes a judgment of the court once issued.

Appealing a Decision

A court officer's decision can only be appealed on a question of law or jurisdiction, not because you disagree with how the facts were decided. You also need leave, meaning permission, from a judge of the Court of King's Bench before an appeal can proceed.

To appeal, file an Application for Leave to Appeal and Notice of Appeal within 30 days of the date on the Certificate of Decision, along with a transcript of the original hearing or proof that one has been ordered. Filing the appeal automatically pauses enforcement of the original decision until the appeal is resolved.

If a judge, rather than a court officer, heard your claim in the first place, any further appeal goes to the Manitoba Court of Appeal, again only on a point of law and only with leave.

Collecting on a Judgment

Winning your case does not mean the money arrives automatically. You, as the judgment creditor, are responsible for collecting from the judgment debtor, though the court provides several tools to help.

A Notice of Garnishment lets you reach a debtor's wages or bank account, with the funds paid into a trust account at the court rather than directly to you. A Certificate of Judgment can be registered against real property the debtor owns, creating a lien that blocks the property from being sold or refinanced until the debt is paid. A Writ of Seizure and Sale directs the Manitoba Sheriff to seize and sell a debtor's belongings to satisfy the judgment.

Judgments issued on or after September 30, 2022, do not expire. Earlier judgments are valid for 10 years, so contact the court before an older judgment lapses if it has not been paid in full.

The Two-Year Limitation Period

Manitoba's Limitations Act, in force since September 30, 2022, sets a basic limitation period of two years for most civil claims, including small claims, running from the day the claim is discovered rather than the day the underlying event happened. Missing this window generally means losing the right to sue at all, so do not wait to act on a debt or dispute.

The Act also sets a 15-year ultimate limitation period for claims not otherwise discovered sooner. Because limitation rules can vary depending on the type of claim, confirm your specific deadline before relying on the two-year figure. For a broader look at how these rules work across the country, see Canada small claims and how to file a small claim in Canada.

Getting Help

Manitoba's Legal Help Centre provides free legal information to people who qualify, and can point self-represented litigants toward the right forms and next steps. Manitoba Courts also publishes detailed guidance, forms and FAQs for each stage of the small claims process, from filing through to appeal.

Manitoba's small claims process is meant to be manageable without a lawyer, but that does not mean every case is simple. If a large sum, a legal defence, or a complicated fact pattern is involved, it is worth getting advice early rather than after a decision has already been made. For an overview of small claims procedures across the country, see Canadian law by province.

Disclaimer

This article provides general information about Manitoba's Small Claims process and is not legal advice. Court rules, forms, fees and monetary limits can change, and how they apply depends on the specific facts of your situation. For advice about your particular case, consult a licensed Manitoba lawyer or contact the Court of King's Bench directly.