Best Way to Respond to a Quebec Small Claim After Missing the 20-Day Deadline

If you missed the 20-day response deadline in Quebec Small Claims Court, your best immediate step depends on whether a default judgment has already been rendered. If no judgment has been rendered, file your response immediately — the clerk cannot refuse it, but the judge decides whether a late defence is admissible. If a default judgment has been rendered, the procedure to ask the court to set it aside is an Application for Revocation of Judgment (pourvoi en rétractation de jugement), which has strict requirements and a time limit.

Either way, act now. Every day that passes narrows your options.

What the 20-Day Deadline Means

When you receive a small-claims application in Quebec, you have 20 calendar days, counted from the day after receipt, to file Form SJ-871E (your response) and pay the court fee. After that period expires, a default judgment may be rendered against you; in some cases it may be decided without a hearing. If the final day falls on a weekend or statutory holiday, the deadline extends to the next business day.

A default judgment means:

• The court may grant all or part of the claim based on the application and supporting proof
• You do not present your defence unless the judgment is later revoked
• If you do not pay within 10 days, the claimant can seek forced execution, such as wage garnishment, bank-account seizure, or seizure of movable property through a bailiff
• Your credit record may be affected

The 20-day deadline is the single most important date in your defence. A late response may still be accepted before judgment, and a default judgment can be challenged through revocation. See our detailed breakdown of the 20-day deadline.

Scenario 1: You Missed the Deadline but No Default Judgment Yet

This is the better scenario. A default judgment may be rendered after the 20-day period expires, but it does not happen automatically. In major districts like Montreal and Longueuil, there can be administrative delay between the deadline passing and a judgment being rendered.

What to do:

1. File your response (Form SJ-871E) immediately — through the Justice Québec online response form or in person at the courthouse. Do not wait another day.
2. Pay the court fee. Your response is formally filed only once the court office has received the form and the fee has been paid.
3. Call the courthouse to confirm whether a default judgment has been rendered. The court clerk cannot give you legal advice, but they can tell you the status of your file.

Reality check: the clerk cannot refuse a late response before judgment has been rendered, but the judge decides whether the defence is admissible. File immediately.

Scenario 2: A Default Judgment Has Been Entered

If a default judgment has already been rendered, your response form is too late. To ask the court to set it aside, apply for revocation.

Application for Revocation of Judgment (pourvoi en rétractation de jugement)

Revocation is not an appeal. It is a request to the court to set aside the default judgment and reopen the case so you can present your defence. The requirements are strict:

You must show a valid reason you could not respond or attend:

• You were prevented from responding by surprise, fraud, or serious illness
• You did not actually know about the proceedings, for example because the papers went to an obsolete address

You must also show:

• You have a viable defence to the claim — the court will not reopen a case if your defence has no reasonable chance of success

Time limit: file within 30 days after you became aware of the judgment. No application can be received more than six months after the judgment date.

How to Apply

File Form SJ-866A at the court office in the district where the judgment was rendered. The application must be sworn before a commissioner for oaths, court clerk, or another authorized person. It should:

1. Explain why you did not respond within 20 days
2. Outline your defence to the claim (what you would have argued at the hearing)
3. Include any supporting documents

The judge will examine whether the application is admissible and whether a new trial is necessary. If the judge grants revocation, the default judgment is set aside and the case can proceed to a new hearing.

If the judge denies it, the default judgment stands.

What NOT to Do

Do not ignore the default judgment. If you do not pay within 10 days, the claimant can seek forced execution, such as wage garnishment, bank-account seizure, or seizure of movable property through a bailiff. Hoping it goes away is not a strategy.

Do not file a new claim to "cancel" the judgment. A default judgment can only be undone through the revocation process, not through a separate proceeding.

Do not assume paying the full amount is your only option. If you have a genuine defence, revocation gives you the chance to present it. If you genuinely owe the money, negotiating a payment plan with the claimant may be more practical than revocation.

Do not contact the claimant to ask them to withdraw the judgment. The claimant cannot unilaterally withdraw a judgment — only the court can set it aside.

When a Guide Helps — and When You Need a Lawyer

The Contesting a Small Claim in Quebec guide covers the revocation process and the steps for filing a late defence, including what information the application needs and what grounds the court accepts. It is designed for self-represented defendants working through the process on their own.

However, if you are applying for revocation of a default judgment — especially for a claim near the C$15,000 ceiling — consider consulting a lawyer for at least a limited-scope review of your application. The stakes are higher because revocation is your last chance, and the court evaluates both your reasons for being late and the strength of your defence. Lawyers generally cannot represent you at the Small Claims hearing, but they can draft the revocation application and advise you on whether your grounds are strong enough.

Free resources:

• Centres de justice de proximité can explain the revocation process (but cannot draft your application)
• Éducaloi covers the basics of default judgments and revocation in plain English
• JBM phone line (1-844-227-3781) for quick procedural questions

Who This Is For

• Anyone in Quebec who missed the 20-day response deadline and wants to understand their remaining options
• Defendants who just discovered a default judgment was entered against them
• People who were served but did not realize the papers were a formal court document (confused a court summons with a demand letter)
• Defendants who were seriously ill or did not know about the proceeding in time to respond

Who This Is NOT For

• If you are still within the 20-day window, file now — see how to respond to a small claim
• If your dispute is a residential lease matter, the TAL has exclusive jurisdiction
• If the principal amount exceeds C$15,000, excluding interest and court costs, this is not a Small Claims matter
• If you want to file your own claim, see the Quebec Small Claims Filing Guide

Frequently Asked Questions

How long after the deadline can I still file a late response?

Before a judgment is rendered, the clerk cannot refuse to receive a late response, but the judge decides whether the defence is admissible. If a judgment has been rendered, apply for revocation within 30 days after learning of it, and no later than six months after the judgment date.

Can I appeal a default judgment instead of applying for revocation?

No. A default judgment is challenged through revocation, not appeal. Small Claims judgments cannot be appealed; exceptional judicial review is limited to narrow jurisdictional or fundamental fairness issues.

How much does it cost to apply for revocation?

The court fee for a revocation application is separate from the original response fee. Check the current tariff on the Justice Québec website or call the courthouse — fees are indexed annually.

What if I was never actually served properly?

If a service problem meant you did not actually know about the proceeding in time to respond, explain that in your application. For example, if papers went to an obsolete address, include evidence of your address and the date you learned about the claim.

Should I just pay the judgment if I think I owe some of the money?

If you owe the full amount claimed, paying may be simpler than revocation. If you owe part of the amount or have a legitimate defence, ask a lawyer whether revocation is appropriate before deciding how to proceed.

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