How to File Small Claims in Quebec: Step-by-Step Process

Before You File: The Formal Notice

In ordinary cases, put the other party in default with a mise en demeure (formal notice) before filing. Article 1594 of the Civil Code of Québec makes formal notice mandatory unless the debtor is already in default by operation of law. Give them a deadline — typically 10 to 15 calendar days — to pay. If they don't, you can file.

Keep the postal receipt and signature confirmation. They become part of your court file as exhibits.

Step 1: Verify Your Claim Qualifies

Three checks before you spend time on forms:

• Amount: Your claim must be C$15,000 or less, excluding interest and court costs. If it's more, you can reduce it to fit — but you permanently waive the excess.
• Party type: Individuals can always file. Businesses need 10 or fewer employees in the past 12 months. Debt collectors are barred entirely.
• Subject matter: The Small Claims Division doesn't hear residential lease disputes (those go to the TAL), workplace injury claims (CNESST), family law matters, or defamation cases.

Step 2: Identify the Defendant Correctly

If you're suing a business, search the Registraire des entreprises du Québec (REQ) at registreentreprises.gouv.qc.ca. You need the registered legal name and Québec Enterprise Number (NEQ). A contractor doing business as "Dave's Reno" might be legally registered as "1234-5678 Québec Inc." — and the court application must name the legal entity, not the trade name.

For individuals, use their full legal name and current residential address.

Step 3: Fill Out Form SJ-870E

Form SJ-870E is the small claims application. It captures your identity, the defendant's identity, the facts of your dispute, the amount claimed, and a list of your supporting documents. An English version exists — natural persons have a constitutional right to file in English under Section 133 of the Constitution Act, 1867.

You'll also prepare Form SJ-840 (list of exhibits) for your supporting documents: the formal notice, delivery proof, contracts, invoices, photos, communications, and any expert reports. File primary supporting exhibits within 10 calendar days after filing the application; file additional exhibits at least 30 calendar days before the hearing.

Step 4: File and Pay

Online (GNJQ portal): The Greffe numérique judiciaire du Québec at lexius-gnjq.justice.gouv.qc.ca lets you submit your application electronically, upload PDF exhibits, and pay by credit card. The portal has English navigation, though some system labels appear in French.

In person: Bring your completed forms to the court clerk's office (greffe) in the proper judicial district. This is generally where the defendant is domiciled or has its main establishment; other permitted venues include where the contract was signed or performed, where damage occurred in an extra-contractual claim, and, for a consumer contract, where the consumer lives. Paper applications need letter-size printing and signatures sworn before a commissioner for oaths, notary, or clerk.

Filing fees for 2026 (natural persons): C$121 for claims up to C$5,000, C$223 for C$5,001–C$10,000, or C$241 for C$10,001–C$15,000.

Step 5: The Clerk Serves the Defendant

Unlike higher courts where you hire a bailiff yourself, the small claims court clerk handles initial service. They send the defendant a copy of your application, the exhibit list, and a blank response form (SJ-871E) by registered mail.

If the mail comes back unclaimed, you'll need to arrange service yourself — usually through a licensed bailiff (huissier de justice) for personal service at the defendant's address.

Step 6: Wait for the Response

The defendant has 20 calendar days from receiving the application to respond. If the last day is a weekend or statutory holiday, the deadline extends to the next business day. They can:

• Pay the full amount (case closes)
• Offer a settlement
• Contest the claim
• File a counterclaim against you (up to C$15,000)

If they don't respond within 20 days, you file Form SJ-986 to request a default judgment.

Step 7: Mediation, Arbitration, or Hearing

For claims of C$5,000 or less, the case is automatically referred to free arbitration unless a party opts out. Free mediation is available at any claim amount. If these don't resolve the dispute, the case proceeds to a hearing where a judge questions both parties under oath and reviews the evidence.

Primary supporting exhibits must be filed within 10 calendar days after filing the application. Additional exhibits must be filed with the court registry and served at least 30 calendar days before the hearing. Late documents may be inadmissible unless the judge grants an exception.

Getting the Full Roadmap

Our Quebec Small Claims Filing Guide takes each of these steps and breaks them into actionable checklists — including the bilingual GNJQ portal walkthrough, a deadline calendar tracking every procedural window, and worksheets for organizing your evidence binder.

See more Quebec guides →