Identifying the defendant

You must also make sure you select the right type of application. Your choice may influence the information included in your application, which may make a difference when you appear before the court.

The form used to file an application at the Small Claims Division indicates the possibility of taking part in a mediation session. This approach to dispute resolution has many advantages: it is free, it allows you to maintain harmonious relations with the other party, and it leads to a quicker settlement.

If mediation fails, it will not have an impact on the date on which your case is heard by the court.

If an application cannot be delivered to the defendant because an incorrect address was used, the clerk will ask the plaintiff to provide a new address. 

If the plaintiff does not know the defendant’s address, the clerk will suggest conducting a search using sources such as

• the relevant professional order, if the defendant practises a profession governed by the Professional Code (for example, if the defendant is a lawyer, notary, accountant or broker);
• the Commission de la construction du Québec, if the defendant is a building contractor;
• court records (computerized records), to check whether the defendant is involved in other court cases;
• the Enterprise Register or the Centre de recherche industrielle du Québec (CRIQ), if the defendant is a legal person, partnership or association.

If the defendant cannot be located, the clerk must, as soon as possible, publish a public notice on Internet or in a newspaper, asking the defendant to collect the application at the court office or risk having a judgment entered against him or her.

If the defendant refuses to receive the application or fails to pick up mail, the clerk will ask a bailiff to serve the application and charge the cost to the defendant.