Quebec Small Claims for Unpaid Invoices: How to Sue a Business or Client

Who Can File a Business Claim

Sole proprietors, freelancers, and incorporated businesses can all file in the Small Claims Division — but corporations face an employee threshold. Under article 536 of the Code of Civil Procedure, a legal entity (corporation, partnership) can only use small claims if it employed 10 or fewer people during the 12 months before filing.

If you're a solo freelancer or a sole proprietor, you file as a natural person using your own name. The 10-employee rule doesn't apply to you — it only applies to incorporated entities.

Debt collection agencies and anyone who acquired a debt for collection are permanently barred.

Getting the Legal Name Right

When you're suing a client who's a business, the application must name the correct legal entity — not just the brand name on the invoices. A client doing business as "Bright Pixel Design" might be legally registered as "9876543 Québec Inc." or "Marie Tremblay, sole proprietor."

Search the Registraire des entreprises du Québec (REQ) at registreentreprises.gouv.qc.ca. Pull up:

• The registered legal name
• The Quebec Enterprise Number (NEQ)
• Business status (active, dissolved, struck off)
• Registered address for service

If the business is dissolved, you may need to identify the officers or shareholders to serve. If the client is an out-of-province corporation registered in Quebec, the REQ shows their Quebec agent for service.

Calculating Your Claim

Add up every outstanding invoice, down to the line item. The Small Claims Division handles claims up to C$15,000 excluding interest. If your unpaid invoices total more, you can reduce the claim to C$15,000 — waiving the remainder permanently — or file in the regular civil division.

Interest is calculated from the date you put the debtor in default (often by formal notice) or from the date you file the application. The rate is the one agreed in the contract, if any, or the legal interest rate under the Civil Code of Québec.

The Formal Notice

Send a mise en demeure by registered mail listing:

• Each unpaid invoice by number, date, and amount
• The total owed
• A compliance deadline (10–15 days)
• A statement that you'll file in small claims if unpaid

For multiple invoices, a tabular breakdown in the letter is clearest — invoice number, date, amount, payment terms, days overdue.

Evidence for Invoice Claims

Invoice claims are among the most document-friendly disputes in small claims. Your evidence package:

• The invoices themselves — with dates, service descriptions, amounts, and payment terms
• The contract or service agreement — written scope of work, accepted quote, or email chain confirming the engagement
• Proof of work delivery — final files sent by email, delivery confirmations, sign-off documents, photos of completed work
• Payment history — if partial payments were made, show which invoices were partially satisfied
• Communications about payment — email or text exchanges where the client acknowledged the debt, requested delays, or promised payment
• The formal notice and delivery receipt

Primary supporting exhibits must be filed within 10 calendar days after the application or contestation is filed. Additional exhibits must be filed and served at least 30 calendar days before the hearing date.

Filing as a Corporation

If your business is incorporated, the filing fee is higher (C$191 / C$318 / C$382 depending on the claim bracket, compared to C$121 / C$223 / C$241 for individuals) and you'll need to designate a representative.

Since lawyers can't appear at the hearing, a corporation must authorize an officer, director, or salaried employee to represent it using Form SJ-838. The representative can't be a lawyer or an outside consultant — they must be part of the organization.

Under the current judicial stay regarding Bill 96, corporate filings in English don't require a certified French translation. This could change if the stay is lifted.

Default Judgments on Invoice Claims

If the debtor doesn't respond within 20 calendar days, file Form SJ-986 for a default judgment. For a liquidated invoice claim supported by written proof, such as a signed contract and proof of delivery, the court can render default judgment without a hearing.

This is the best-case scenario for straightforward invoice disputes, and it's common. Many debtors ignore the small claims process, giving the plaintiff a direct path to judgment.

Collecting the Judgment

A judgment in your favour is only worth something if you can collect. If the debtor doesn't pay voluntarily within the specified period (typically 30 days), enforcement through bank seizures, wage garnishment, or moveable property seizure follows — covered in our companion Quebec Judgment Enforcement Guide.

The Full Process

Our Quebec Small Claims Filing Guide includes an REQ entity search worksheet, a formal notice template for invoice claims, and an evidence organizer designed for multi-invoice disputes — so you can track every document from demand letter to hearing day.

See more Quebec guides →