Quebec Small Claims Court Defendant Checklist: Step-by-Step Process

Being served with a Quebec small claim triggers a chain of deadlines and steps that nobody explains in one place. Here is the full defendant process laid out chronologically, with the key deadlines flagged.

Day 0: You Receive the Papers

• Confirm it is a real court claim (Form SJ-870E), not a demand letter (mise en demeure)
• Check the file number format (XXX-XX-XXXXXX-XX) and the judicial district
• Verify the file with the court registry using the phone number from justice.gouv.qc.ca
• Preserve the envelope, postal tracking receipt, or bailiff's notice — this establishes your official date of receipt
• Note the amount claimed and which fee tier applies

Days 1–20: File Your Response

Deadline: 20 calendar days from receipt.

• Choose your response route: contest, pay the amount claimed, settle, counterclaim, or request a referral
• Complete Form SJ-871E online at quebec.ca/petitescreances
• Pay the court fee ($121–$241 for individuals, $191–$382 for legal persons)
• If counterclaiming, pay the separate counterclaim fee based on your claim amount
• Keep your confirmation receipt — the filing is not legally received until the fee clears. 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.

Within 10 Days After Filing Your Response: Submit Supporting Documents

Deadline: 10 days after filing your response.

• Send all supporting documents (contracts, invoices, photos, text messages, estimates) to the court registry
• Organize exhibits sequentially: D-1, D-2, D-3, etc.
• The court notifies the plaintiff of your response and sends them copies

Mediation (If Applicable)

• Claims $5,000 or under: mandatory — the court automatically refers you to SMEDAR mediation
• Claims over $5,000: voluntary — both sides must consent on their forms
• Mediation is free (up to 3 hours with an accredited mediator)
• Everything said in mediation is confidential
• If mediation produces a settlement, it is filed with the court and becomes enforceable
• If it does not resolve the dispute: claims of $5,000 or under are referred to arbitration; for larger claims, both sides may choose arbitration or proceed to a hearing

30 Days Before Hearing: Final Evidence Deadline

Deadline: 30 calendar days before the scheduled hearing date.

• File all final exhibits, expert reports, photographs, and written witness statements with the court
• Serve copies on the other side
• Evidence filed after this date may be excluded unless the judge grants an exception
• This is the March 2021 reform deadline — do not confuse it with the 20-day response deadline

The Hearing

• You must represent yourself (lawyers cannot appear in Quebec small claims court)
• Bring originals of all exhibits plus extra copies
• The judge actively manages the hearing — explains rules, questions both sides, ensures fairness
• Witnesses you have listed can be called; written statements are sometimes accepted in lieu of live testimony
• Hearings may be in person, virtual, or hybrid depending on the district

After the Decision

• The judge may decide immediately or reserve judgment (written decision within 4 months after the hearing ends)
• If you lose: 30 days to pay after a contested hearing; 10 days after a default judgment
• The losing side typically reimburses the winner's court filing fees
• Judgments are final — no appeal on the merits
• Once paid, the creditor files Form SJ-842 (Quittance) to close the case

The Contesting a Small Claim in Quebec guide covers each of these steps in detail, with fillable worksheets for deadline tracking, form preparation, evidence organization, and hearing prep.

See more Quebec guides →