Quebec Small Claims Judgment, Default Judgment, and Appeal Rules

How the Judge Decides Your Case

After both sides present their evidence and testimony at the hearing, the judge either announces a decision on the spot or takes the matter under advisement. If the judge reserves judgment, the written decision must be rendered no later than four months after the trial ends.

The written judgment includes the amount awarded (if any), whether court filing fees are added to the award, and any interest calculations from the date the defendant was put in default.

Default Judgment When the Defendant Doesn't Respond

If the defendant ignores the 20-day response window after being served, they go into default automatically. But that doesn't mean you get a judgment handed to you. You have to take one more step.

File Form SJ-986 (Déclaration pour jugement par défaut). This is a sworn declaration asking the court to rule in your favour based on the evidence in your file. The court clerk or judge reviews the record — your application, exhibits, and proof of service — and decides whether the claim is supported.

For liquidated claims (a specific dollar amount backed by invoices or a contract), judgment by default is usually straightforward. The court rules on the paperwork without a hearing. For unliquidated claims — where the amount depends on the judge's assessment of damages — you may still be called in to testify before a default judgment is granted.

Small Claims Judgments Are Final — No Appeal

This is the single most important rule to understand before filing: judgments from Quebec's Small Claims Division cannot be appealed.

Under Article 564 of the Code of Civil Procedure, small claims decisions are rendered sans appel — without appeal. Neither side can go to the Quebec Court of Appeal to argue errors of fact or law. The trade-off for a cheaper, faster, lawyer-free forum is that the result is final.

The Two Narrow Exceptions

There are exactly two post-judgment remedies, and both are narrow:

Revocation of judgment. If you had a default judgment entered against you because you never received the application, or you were prevented from attending the hearing by force majeure or serious illness, you can apply to revoke the judgment. The application must be filed within 30 days of learning about the judgment, and no later than six months after the judgment. The fee matches the original claim fee ($121 to $382, depending on the amount).

Judicial review by the Superior Court. Article 564 of the Code of Civil Procedure permits judicial review of a small claims judgment only on the grounds of lack or excess of jurisdiction. The Superior Court's supervisory powers are set out in Article 529. This is rare and expensive. It's not a second trial.

Collecting After Judgment

A judgment debtor has 30 days from the judgment to pay voluntarily, or 10 days if the judgment is by default for failure to contest. If they don't, you move into enforcement: bank seizures, wage garnishments, or moveable property seizures through a court bailiff.

If you believe the debtor is hiding or liquidating assets, you can file Form SJ-857-04 to request early execution of the judgment before the normal waiting period expires.

For a detailed walkthrough of what comes after a judgment — enforcement tools, seizure mechanics, and payment tracking — see the Quebec Judgment Enforcement Guide. And for the full filing-to-judgment workflow, including deadline calendars and evidence checklists, see the Quebec Small Claims Filing Guide.

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