Small claims

Since January 2015, the Small Claims Division hears claims up to a maximum of $15,000. As a result, individuals whose claims exceed $15,000 may voluntarily reduce their claim to that amount. By this strategic choice, it is possible to prevent the opposing party — sometimes financially stronger — from retaining the services of its own lawyer.

Being represented by a lawyer before the Small Claims Division is not possible. Individuals must therefore represent themselves before this division.

However, even though lawyers cannot intervene directly in this type of case, they can be of great importance in preparing the file.

Most cases follow the same path. You first send a demand letter to the person or business concerned, giving them a reasonable time to pay or fix the situation. If nothing comes of it, you file the claim at the office of the Court of Québec with the supporting documents — contract, invoices, photos, email exchanges — and pay the court fees. The clerk notifies the claim to the other party, who has 20 days to contest it. Free mediation is then offered, and many cases settle there. Otherwise a hearing is scheduled, often several months later, and the judge decides after hearing both sides.

Everything that happens before the courtroom. Draft a demand letter that holds up, check that the claim targets the right person and the right amount, sort the evidence to keep only what helps, prepare your testimony and the questions to put to the other party. A well-built file is easier to argue, even without a lawyer at your side. We offer this service in Sherbrooke and Quebec City, in person or remotely.

Do not let the deadline pass. You have 20 days from receipt to file your contestation with the clerk; otherwise, judgment may be rendered against you without your being heard. If you believe it is actually the other party who owes you something, this is also the time to say so: a cross-application is filed together with the contestation.