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You can request a stay of hearing at the Small Claims Division if you meet all of the following conditions: another case before the Court of Québec or the Superior Court has the same juridical basis…

A judgment is considered to be “by default” when the defendant does not file a defence and takes no part in the trial. At the Small Claims Division, a judgment by default may be rendered as soon as…

The plaintiff is entitled to charge interest on the amount of the claim, calculated either at the legal rate of 5% or at the agreed rate. The agreed rate is the rate specified in an agreement between…

The losing party (the debtor) has 30 days from the date of the judgment to send the winning party (the creditor) the amount specified in the judgment. However, the time limit is reduced to 10 days if…

Once a trial is over, the parties must recover their own exhibits . If they fail to do so, the clerk may destroy them one year after the date of the judgment or the act putting an end to the dispute.

Once the record is ready, the clerk calls both parties to the hearing. The clerk mails a notice of hearing to each party, informing them of: the place; the date; and the time of the hearing. The…

The defendant is the person against whom a claim is made. On this page: Natural person Legal person Proceedings against several defendants Natural person Any natural person may be sued at the Small…

On this page: Legal person, partnership or association Representation by a lawyer In general, individuals must represent themselves before the Small Claims Division. However, if you are unable to…

The defendant can request the intervention of a third person: to exercise a recourse in warranty against the third person (in other words, to establish the third person’s responsibility); or to…

From the Civil Division to the Small Claims Division If you are sued in the Civil Division of the Court of Québec, you can ask, on certain conditions, for your case to be transferred to the Small…