How to Get Money Back From a Contractor in Quebec Without a Lawyer
If a contractor took your deposit and disappeared, left the job half-finished, or delivered work that does not match the contract, Quebec Small Claims Court is designed for exactly this situation — and you cannot bring a lawyer even if you wanted to. The Small Claims Division of the Court of Québec handles claims up to C$15,000, lawyers are prohibited from representing parties at the hearing, and the process is built so ordinary people can navigate it without legal training. You need a demand letter, the right forms, and organized evidence.
The one exception where professional help changes the calculus: if the damage exceeds C$15,000, you must either waive the excess to stay in Small Claims or file in a higher court where lawyers are permitted. A one-hour legal consultation (C$200–C$450) can help you decide which route makes more sense for your specific loss.
The Recovery Process: Step by Step
Step 1: Confirm You Have a Claim the Court Will Hear
Before you spend time or money, verify three things:
- The amount: your loss is C$15,000 or less (excluding interest and court costs). If your damage exceeds this, you can waive the excess — the guide explains when waiving makes sense.
- The time limit: Quebec's general prescription period is three years from when the cause of action arose or the damage was discovered. If the claim arose or the damage was discovered in March 2024, the general period runs to approximately March 2027.
- The right court: contractor disputes involving construction, renovation, and home improvement belong in Small Claims. Residential lease disputes go to the TAL instead — but a contractor who took a deposit for work on a property you own (not rent) is a Small Claims matter.
Step 2: Send a Formal Notice (Mise en Demeure)
Before filing, put the other party in default. Usually this means sending a written formal notice (mise en demeure); a separate notice is not required if the debtor is already in default under the contract or by operation of law. The notice states:
- What the contractor was hired to do and the agreed price
- What went wrong (abandoned the job, failed to start, delivered defective work)
- The specific amount you are claiming
- A reasonable deadline to pay (usually 10 to 15 days)
Send it by registered mail so you have delivery proof. If the contractor's registered business address differs from the address you have, check the Registre des entreprises du Québec (REQ) for the correct legal entity name and address. Suing an unregistered trade name instead of the correct legal entity can create procedural defects that delay or invalidate proceedings.
Step 3: File Through the GNJQ Portal
Once the response period in your formal notice has passed, or the contractor is otherwise in default, file your claim through the Greffe numérique judiciaire du Québec (GNJQ). The filing fee depends on the claim amount:
| Claim Amount | Filing Fee (Natural Person) |
|---|---|
| C$0.01 – C$5,000 | C$121 |
| C$5,000.01 – C$10,000 | C$223 |
| C$10,000.01 – C$15,000 | C$241 |
The portal interface is in French. If you speak English, you will need to match French field labels to the information they ask for. Section 133 of the Constitution Act, 1867 guarantees your right to file in English — the content of your application and exhibits can be entirely in English.
Step 4: Wait for Service and the Response Period
The court clerk serves the defendant by registered mail. The contractor has 20 calendar days from receiving the application to respond. Three outcomes:
- No response: file the Declaration for Default Judgment (SJ-986); the court may render judgment by default without a hearing.
- The contractor responds and disputes the claim: the case proceeds to mediation or a hearing
- The contractor proposes a settlement: you can accept or proceed to court
Step 5: Prepare Your Evidence
File your initial evidence within 10 days after filing your claim, then file any additional evidence at least 30 days before the hearing date. For a contractor dispute, your evidence package typically includes:
- The written contract or quote (or text messages/emails confirming the agreement)
- Proof of payment (bank transfers, cancelled cheques, e-transfers)
- The formal notice and proof of delivery
- Photographs of unfinished or defective work (dated)
- Repair quotes from other contractors showing the cost to fix or complete the work
- Any communication showing the contractor acknowledged the problem or went silent
Organize exhibits chronologically, number them, and prepare a one-page summary the judge can follow.
Step 6: Attend the Hearing
For eligible disputed claims of C$5,000 or less, mandatory free mediation comes first. If there is no agreement, the case is automatically referred to arbitration if eligible; arbitration proceeds only if both parties agree, otherwise the case goes to trial. For claims over C$5,000, mediation and arbitration are voluntary.
No lawyer represents either side. The judge understands you are not a legal professional and will guide the process. What matters is clear documentation and an organized presentation of the facts.
Who This Is For
- A homeowner who paid a deposit (typically C$1,000–C$10,000) for renovation, landscaping, roofing, or other work and the contractor abandoned the job or never started
- A homeowner who received completed work that is defective, does not match the contract, or was done without proper permits
- A sole proprietor or small business that hired a contractor and received deficient work or no work at all
- Anyone in Quebec whose contractor dispute is C$15,000 or less and who wants to recover the money through the court system rather than writing it off
Who This Is NOT For
- Your loss exceeds C$15,000 and you are not willing to waive the excess — you need to file in a higher court
- Your dispute is with a landlord or involves a residential lease — the TAL has exclusive jurisdiction, not Small Claims
- You are looking for legal advice on whether your claim will succeed — this process is procedural navigation, not legal strategy
- The contractor has declared bankruptcy — collection from a bankrupt entity requires a different process
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What About the Régie du bâtiment (RBQ)?
If you have a concern about a contractor's licence or construction compliance, you can file a complaint with the Régie du bâtiment du Québec (RBQ). The RBQ handles regulatory matters; a complaint alone does not award a refund. Licensed contractors must hold licence security, which may compensate clients for certain losses, including partial payments, non-completion, poor workmanship, and defects discovered within one year after the work ends. Check the RBQ's eligibility and claim process. A Small Claims application is a separate route to seek a civil money judgment.
If the work required an RBQ licence and the contractor lacked one, document that fact and check the RBQ's complaint process. It may be relevant, but it does not by itself determine your civil money claim.
Tradeoffs of Each Recovery Path
Small Claims Court: recovers up to C$15,000, no lawyer needed, filing fee C$121–C$241, wait times of 18–36 months from filing to hearing (Quebec backlogs are significant). Court costs are potentially recoverable if you win.
RBQ complaint: a regulatory route for licensing or construction-compliance concerns; the complaint itself does not award a civil money judgment. Licensed contractors also hold licence security that may cover certain losses, subject to RBQ eligibility rules. Check those rules before relying on this route.
Lawyer-drafted demand letter (Neolegal, C$379+): professional demand letter that may prompt settlement before court. Does not cover the filing process, evidence preparation, or the hearing itself.
Self-help procedural guide: covers the full process from demand letter through enforcement for $24. The Making a Small Claim in Quebec guide includes a formal notice planner, REQ business search instructions, bilingual GNJQ portal walkthrough, evidence organizer, and hearing preparation checklist — everything a contractor dispute claimant needs to file and present their case without professional assistance.
Frequently Asked Questions
How long does it take to get money back from a contractor through Quebec Small Claims Court?
Public reports from Quebec litigants describe waits of 18 to 36 months from initial filing to hearing, but the time varies by judicial district. If the contractor does not respond within 20 days, you can file for default judgment. After a judgment, the debtor generally has 30 days to pay; if the judgment is by default because the defendant did not contest, the payment period is 10 days. If the debtor misses the applicable period, you can begin enforcement.
What if the contractor's deposit was cash with no receipt?
You can still file a claim. Bank withdrawal records showing the amount, text messages or emails discussing the payment, witness testimony, and photographs of the work site all serve as evidence. Quebec courts regularly hear cases where formal documentation is incomplete — the judge weighs the totality of evidence, not just receipts.
Can I claim more than just the deposit — for example, the cost to hire someone else to finish the work?
Yes. You can claim the deposit, the cost to complete or repair the work (supported by quotes from other contractors), and incidental damages directly caused by the contractor's failure — up to the C$15,000 ceiling. Keep every quote and invoice as part of your evidence package.
What happens if the contractor goes out of business before the hearing?
If the contractor was a sole proprietor, the individual may be the defendant. If the contractor was a corporation (inc., ltée), verify the corporation's legal name and status in the REQ. If it has dissolved or relocated, check the registry and seek guidance on the correct defendant or successor before filing; collection may be difficult.
Do I need to send the demand letter in French?
You can write a private demand letter in English; Section 133 of the Constitution Act, 1867 concerns English-language court pleadings and proceedings. The letter should clearly state the facts, amount claimed, and payment deadline.
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