Quebec Small Claims Court 20-Day Response Deadline Explained

The most common mistake Quebec small claims defendants make is confusing the 20-day response deadline with the 30-day evidence deadline. They are two separate rules, and mixing them up can cost you the entire case.

How the 20-Day Clock Works

When you are served with a small claim (Form SJ-870E), you have 20 calendar days to file your response (Form SJ-871E) and pay the court fee. The calculation follows article 40 of Quebec's Code of Civil Procedure:

1. The day you receive the papers does not count (day zero).
2. Every calendar day after that counts — weekends and holidays included.
3. If day 20 lands on a Saturday, Sunday, or statutory holiday (St-Jean-Baptiste, Canada Day, Labour Day, etc.), the deadline extends to the next business day.
4. Submit by the applicable cutoff shown by the online portal or courthouse registry; the cutoff can depend on how you file.

For example, if you receive papers on a Thursday, June 4, day 20 falls on Wednesday, June 24 (St-Jean-Baptiste Day in Quebec). Because that is a statutory holiday, the deadline moves to Thursday, June 25.

What Does NOT Pause the Clock

None of these stop or extend the 20-day period:

• Calling the court registry to ask questions
• Emailing the plaintiff about a possible settlement
• Attending a mediation session
• Asking a Centre de justice de proximité for guidance

To contest, file Form SJ-871E and pay the required fee within the 20-day period. You can use the online form at quebec.ca/petitescreances, file at the courthouse registry, or send it by certified mail. If you file online, the payment notice gives you 2 calendar days to pay; the filing is treated as received on the submission date only if you complete payment within that period and submitted the form within the 20-day window.

The 30-Day Rule Is About Evidence, Not Your Response

The rule that changed on March 11, 2021, increased the pre-hearing evidence deadline from 21 to 30 calendar days before the scheduled hearing date. That is when your final exhibits, photographs, expert reports, and written witness statements must reach both the court and the other side. It has nothing to do with your initial response.

Defendants who confuse these two deadlines sometimes wait 30 days to file their response, only to discover they are already in default.

What Happens When You Miss It

Starting on day 21, the plaintiff can request a default judgment. Default is not automatic — the clerk reviews the file and confirms valid service — but once a default judgment is rendered:

• You get only 10 days to pay (versus 30 days after a contested hearing)
• You may not get a chance to present your defense before judgment
• Overturning it requires an Application for Revocation of Judgment (Form SJ-866), which costs the same tier fee again and demands you prove both a valid reason for missing the deadline and a real defense on the merits

Courthouses in Montreal and Longueuil have sometimes accepted late responses before a default judgment is rendered, but relying on this tolerance is risky. Once judgment is rendered, your options narrow sharply.

The Contesting a Small Claim in Quebec guide includes a deadline calculator worksheet that walks you through the date math for your specific case.

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