What Happens If You Don't Respond to Small Claims Court in Quebec

Ignoring a small claims court notice in Quebec does not make the case go away. It makes the outcome worse, faster, and harder to fix.

How a Default Judgment Happens

If you do not file Form SJ-871E and pay the court fee within 20 calendar days of being served, you are in default. Starting on day 21, the plaintiff can apply for a default judgment (jugement par défaut). The court office reviews the file to confirm valid service.

For straightforward contract claims with a fixed dollar amount, the judgment can be issued on the paperwork alone — no hearing needed. For claims involving damages that need to be proven, a brief proof hearing may be scheduled, but the plaintiff is the only one who presents evidence.

Default Judgment vs. Contested Judgment: Key Differences

A default judgment hits harder than losing at a full hearing:

• Payment window: 10 days to pay, versus 30 days after a contested hearing
• No defense presented: the court hears only the plaintiff's version of events
• Enforcement: once the 10 days pass, the plaintiff can immediately send a bailiff (huissier) to garnish your bank account or wages, or seize movable property
• Public record: the judgment appears in Quebec's SOQUIJ judicial database and credit bureaus can independently pick up the record

Can You Get a Default Judgment Overturned?

Yes, but it is expensive and difficult. You must file an Application for Revocation of Judgment (Form SJ-866) and prove two things:

1. A valid reason you missed the deadline — illness, fraud, not actually receiving the papers, or genuine surprise. Simply forgetting or being too busy does not qualify.
2. A real defense on the merits — you need to show that if given the chance, you have arguments and evidence that could defeat the claim, at least in part.

The application costs the same tier fee as a regular response ($121 to $241 for individuals). It requires a sworn affidavit, and filing it does not automatically stop enforcement. If the plaintiff has already started garnishing your wages, you must specifically request a stay of execution (sursis d'exécution) within the application, and a judge decides whether to grant it.

The Grey Area: Late Responses Before a Default Judgment

Quebec courthouses have a practical reality that the statute does not spell out. As long as a default judgment has not yet been rendered, the court registry will generally still accept a late response. Defendants in busy districts like Montreal or Longueuil sometimes benefit from the backlog — the file sits in a queue for weeks before anyone looks at it.

But this is administrative tolerance, not a legal right. Relying on it is a gamble. If judgment is rendered before your late response arrives, you are left with the revocation process.

The Simplest Path: File on Time

Filing Form SJ-871E costs between $121 and $241 for individuals, takes about 30 minutes online, and preserves every option — contesting, settling, or filing a counterclaim. Compared to the cost of overturning a default judgment, it is the better deal in every scenario.

The Contesting a Small Claim in Quebec guide covers the response process from reading the papers through every response option, with worksheets for organizing your case.

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