How to File a Small Claims Court Case in Quebec (2026 Guide)

Quebec's small claims process is unlike any other province in Canada — and in one important way, it's actually better for self-represented people. In Quebec Small Claims Court, lawyers are not allowed to represent either party. Everyone represents themselves. That levels the playing field in a way no other Canadian court does.

But the process still has rules, deadlines, and paperwork requirements that you need to get right. And because Quebec operates under the Civil Code rather than the common law system used in the rest of Canada, the terminology and procedures are different from what you might find in guides written for other provinces.

This guide walks you through the entire Quebec small claims process.

Important disclaimer: This article is for general informational purposes only and does not constitute legal advice. Quebec court rules can be complex. For advice specific to your situation, consult a licensed lawyer (avocat).

What is Small Claims Court in Quebec?

The Small Claims Division is part of the Court of Québec and handles civil disputes up to $15,000 (not including interest). It's governed by the Code of Civil Procedure (CQLR, c. C-25.01), Book VIII.

The most important feature: neither party may be represented by a lawyer at the hearing. You can consult a lawyer beforehand for advice, but at the hearing itself, you're on your own. Legal persons (corporations) with fewer than 10 employees can be represented by an officer or employee.

What Can You Sue For?

Small Claims Court handles most civil monetary disputes, including:

Breach of contract — someone didn't deliver what they promised
Recovery of a debt — unpaid loans, invoices, or money owed
Property damage — someone damaged your belongings or property
Consumer disputes — defective goods or services under the Consumer Protection Act
Deposit recovery — landlord won't return your security deposit (note: most residential tenancy disputes go to the Tribunal administratif du logement)

You cannot use Small Claims Court for claims over $15,000, family law matters, or disputes that fall under the exclusive jurisdiction of another tribunal.

If your claim is over $15,000, you can abandon the excess to stay in Small Claims, but you permanently give up the right to collect the amount you abandoned.

Step 1: Send a Formal Demand (Mise en demeure)

Before filing in court, Quebec law essentially requires you to send the other party a mise en demeure — a formal written demand. This is more than a suggestion; under the Civil Code (article 1594 CCQ), putting the debtor in default is a prerequisite to many legal remedies.

Your mise en demeure should state what is owed, why, the legal basis for the claim, a deadline to pay (typically 10 days), and the consequences of non-payment (you will file in court).

Send it by registered mail so you have proof of delivery. Keep a copy — you'll need it when you file.

Step 2: File Your Claim

To start your case, you file a statement of claim at the Court of Québec office in the judicial district where the defendant lives or where the contract was made.

You can file:

Online through the Justice Quebec website
In person at the courthouse

The claim form asks for your name and address, the defendant's name and address, the amount you're claiming, and a clear description of the facts.

Filing fees depend on the claim amount:

| Claim amount | Filing fee (approximate) | |-------------|-----------| | Up to $5,000 | ~$82 | | $5,001 to $10,000 | ~$147 | | $10,001 to $15,000 | ~$187 |

Fees are set by regulation and may change — verify with the courthouse before filing.

Step 3: Service

After filing, the court clerk sends a copy of your claim to the defendant by registered mail. Unlike most other provinces, you don't have to arrange service yourself — the court handles it.

The defendant has 20 days from receiving the claim to file a defence. If they don't respond, you can request a default judgment.

Step 4: Mediation

The court may offer mediation before the hearing. Mediation is free and voluntary — both parties must agree to participate.

If mediation succeeds, the agreement is recorded and has the same force as a court judgment. If it doesn't succeed, the case proceeds to a hearing.

Quebec actively encourages mediation in small claims matters, and success rates are relatively high. It's worth accepting if offered.

Step 5: The Hearing

At the hearing, both parties present their case to a judge. Remember — no lawyers at the hearing. The judge will:

Ask both parties to explain their position
Review the evidence
Ask questions
Make a decision, usually on the spot or within a few weeks

What to bring:

Your mise en demeure and proof it was sent
All contracts, invoices, receipts, and written agreements
All correspondence — emails, texts, letters
Photos or other physical evidence
A clear, chronological summary of events

The judge will guide the process and may ask questions to clarify the facts. Small Claims Court hearings are less formal than regular court, but you should still be organized and respectful.

Key Deadlines

| Action | Deadline | |--------|----------| | Limitation period | 3 years from when you discovered the claim (article 2925 CCQ) | | Defendant's defence | 20 days after receiving the claim |

Note that Quebec's general limitation period is 3 years, not 2 like most other provinces. But don't wait — file as soon as you have your facts together.

Appeal Rules

Small Claims Court decisions cannot be appealed in most cases. The judgment is final. This is another reason preparation matters — you get one shot.

The only exception is if there was a serious procedural error or the judge exceeded their jurisdiction, in which case you may apply for judicial review (but this is rare and difficult).

Common Mistakes to Avoid

1. Not sending a mise en demeure. The judge will expect to see that you formally demanded payment before filing. Skipping this step weakens your case.

2. Filing in the wrong district. You must file where the defendant lives or where the obligation was to be performed. Filing in the wrong district means starting over.

3. Exceeding the $15,000 limit. If your claim is even $1 over $15,000, you need to formally abandon the excess in your claim document.

4. Showing up unprepared. No lawyer will save you — you need to know your facts, have your documents organized, and be ready to explain your case clearly.

5. Missing the 3-year limitation period. More generous than other provinces, but still a hard deadline.

How ProSe Helps

ProSe generates court-ready documents for Quebec courts, including mises en demeure and statements of claim formatted under the Civil Code. Select Quebec as your province, describe your situation in plain language, and ProSe prepares a properly formatted document with the correct Quebec terminology and Civil Code references.

Start for free at beprose.ca — your first three documents cost nothing.

Resources

Éducaloi (educaloi.qc.ca) — plain-language legal information in French and English
Justice Québec — Small Claims (justice.gouv.qc.ca) — official forms and guides
Tribunal administratif du logement (tal.gouv.qc.ca) — for residential tenancy disputes
Barreau du Québec (barreau.qc.ca) — lawyer referral service

Last reviewed: April 2026. This article references Quebec statutes and court procedures current as of April 2026. Filing fees are subject to change; verify with the courthouse before filing.