How to Respond to Small Claims Court in Quebec as a Defendant

Getting served with a small claims court notice in Quebec triggers a hard 20-day clock. English versions of official forms are available, but online filing and some administrative notices may be in French. Here is what to do, step by step, from the moment papers land in your hands.

Confirm What You Received Is a Real Court Claim

A licensed bailiff (huissier de justice) or registered mail will deliver Form SJ-870E — the originating application (Demande aux petites créances). This is different from a demand letter (mise en demeure), which is just a formal request to pay and does not start any court deadline.

Check the face of the documents for a file number formatted like XXX-XX-XXXXXX-XX and the name of a judicial district. These details can help you verify the file, but confirm its authenticity and status with the registry before treating it as an active case. The Small Claims Division of the Court of Québec handles disputes up to $15,000 CAD.

Verify the file number by calling the court registry (greffe) listed on the papers, using the phone number on justice.gouv.qc.ca — not any number printed on the documents themselves.

File Form SJ-871E Within 20 Calendar Days

The response deadline is 20 calendar days from the date you received the papers. This is not the 30-day evidence deadline you may have read about (that applies later, before the hearing). The calculation counts every calendar day including weekends and holidays, but if day 20 falls on a weekend or statutory holiday, you get until the next business day.

No phone call, settlement discussion, or email to the plaintiff pauses this clock. Only a filed Form SJ-871E with the court fee paid counts as a response.

You can use the Quebec government's online response form at quebec.ca/petitescreances, file at the courthouse registry, or send it by certified mail. The form asks you to choose a response route: contest the claim, pay the amount claimed, propose a settlement, file a counterclaim, or request a referral to another district or court. If you contest the claim, write a brief factual summary — not a legal argument — of your grounds.

Pay the Court Fee

The fee depends on the claim amount:

• Claims up to $5,000: $121 (individuals), $191 (legal persons)
• $5,000.01 to $10,000: $223 (individuals), $318 (legal persons)
• $10,000.01 to $15,000: $241 (individuals), $382 (legal persons)

These fees are waived for eligible natural persons who receive social assistance or hold a Legal Aid certificate. The filing is not legally received until the fee clears — if you file online, the payment notice gives you 2 calendar days to pay, and the filing is treated as received on the submission date only if you complete payment within that period.

Represent Yourself — Lawyers Cannot Appear

In Quebec's Small Claims Division, natural persons must represent themselves at the hearing. Lawyers cannot appear or argue on your behalf, though you can consult one privately to help you prepare your evidence and understand the law.

If illness, disability, or distance prevents you from attending, you can give a written mandate (Form SJ-838) to a spouse, relative, or friend — but they must act for free.

Legal persons must send an officer or a regular salaried employee employed exclusively by the entity who is not a lawyer.

What Happens Next

Once your response is filed, the court registry notifies the plaintiff. Depending on the claim amount, you will be referred to mandatory mediation (claims $5,000 or under) or offered voluntary mediation. If mediation does not resolve things, a hearing is scheduled before a judge.

The judge actively manages the hearing, explains rules, and questions both sides directly. There is no jury. Decisions are final — there is no appeal on the merits.

Missing the Deadline Means a Default Judgment

If you do not file within 20 days, the plaintiff can request a default judgment starting on day 21. A default judgment gives you only 10 days to pay (versus 30 days after a contested hearing) and eliminates your chance to present your side. Overturning it requires a formal Application for Revocation of Judgment, where you must prove both a valid reason for missing the deadline and a real defense on the merits.

The Contesting a Small Claim in Quebec guide walks through every step from reading the papers to the hearing, with the deadline calculator and form prep worksheets included.

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