Sue a Contractor in Small Claims Court Quebec: Deposit and Invoice Claims

The Typical Contractor Dispute

You paid a deposit — C$1,000 to C$10,000 is common for kitchen renovations, roofing, or landscaping — and the contractor abandoned the project, did incomplete work, or vanished entirely. Whether you can recover some or all of the deposit depends on the agreement, the work performed, and the evidence. A "non-refundable deposit" term does not by itself resolve the claim.

The Small Claims Division handles claims up to C$15,000, excluding interest and court costs. If your deposit plus damages exceed that, you can voluntarily reduce the claim to C$15,000 (permanently waiving the excess) or file in the Court of Québec's regular civil division, where lawyers are allowed but costs are higher.

Step 1: Find the Contractor's Legal Name

This is where many contractor claims go wrong. "Dave's Reno" or "MTL Pro Construction" is probably a trade name, not the legal entity. Filing against the wrong name creates procedural problems — delays, re-service, or a judgment that's difficult to enforce.

Search the Registraire des entreprises du Québec (REQ) at registreentreprises.gouv.qc.ca. Enter the trade name or the contractor's personal name and look for:

• The registered legal name (often a numbered Quebec company, like "1234-5678 Québec Inc.")
• The Quebec Enterprise Number (NEQ)
• The current status — active or dissolved
• The registered address for service

If the contractor is a sole proprietor (travailleur autonome), the legal name is their personal name. If they're incorporated, you must name the corporation. If the business has dissolved, you may need to identify the officers or successors.

Step 2: Send the Formal Notice

Before filing, you generally need to put the contractor in default with a mise en demeure — unless the contractor is already in default by operation of law. Send it by registered mail with signature confirmation, certified mail, or personal service by a licensed bailiff. The notice should state:

• The contract details (date, scope, amount)
• What went wrong (abandoned work, no work started, incomplete delivery)
• The exact refund amount you're demanding
• A compliance deadline (10–15 calendar days)
• A clear statement that you'll file a small claims application if unpaid

Keep the postal receipt and signature confirmation. These become exhibits in your court file.

Step 3: Gather Your Evidence

For a contractor deposit claim, the evidence that matters:

• The contract or written quote — even a text message agreement counts if it shows what was promised and for how much
• Proof of payment — bank transfer, e-transfer confirmation, cheque image, or receipt
• Photos of the work site — before the contractor started, during (if any work was done), and the current state showing the project incomplete or abandoned
• Communications — emails, texts, or voicemail transcripts showing the contractor's promises, excuses, or silence
• An independent estimate — if partial work was done badly, a quote from another contractor to complete or fix the job establishes your damages
• The formal notice and delivery proof

File primary supporting exhibits 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.

Step 4: File the Application

Complete Form SJ-870E naming the contractor's legal entity (from the REQ search), and file it online through the GNJQ portal or at your local court clerk's office. Filing fees for individuals: C$121 for claims up to C$5,000, C$223 for C$5,001–C$10,000, C$241 for C$10,001–C$15,000.

The court clerk serves the defendant by registered mail. If the contractor can't be reached — common when they've gone silent — you may need to arrange bailiff service or request substituted service.

Step 5: Mediation, Arbitration, or Trial

If your claim is C$5,000 or less, it's automatically referred to free arbitration unless you opt out. Free mediation is available at any amount. For a straightforward deposit claim backed by a contract and payment proof, arbitration can resolve the case quickly — the arbitrator must issue a decision within 30 days after the arbitration session.

If the contractor doesn't respond within 20 calendar days of being served, you file Form SJ-986 for a default judgment. For a liquidated claim supported by written proof, such as a contract and payment receipt, the court can render default judgment without a hearing.

What You Can Recover

The judgment can include your refunded deposit amount, interest from the date the contractor was put in default or the date you filed the application, and your court filing fee. If the contractor did partial work that needs to be repaired or completed, the repair costs can be part of your claim — up to the C$15,000 ceiling.

Private legal consultations, unsummoned expert evaluations, and voluntary document translations are non-recoverable party costs.

The Full Process Mapped Out

Our Quebec Small Claims Filing Guide walks through contractor disputes with an REQ entity search worksheet, a formal notice planner, and a deadline calendar — so you move from deposit loss to court filing without missing a step.

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