Can I sue back the person who is suing me?
Short answer
Yes. In Quebec, a small claims defendant can bring a counterclaim (demande reconventionnelle) — that is, contest the claim while suing the applicant in turn in the same case.
In detail
The Gouvernement du Québec describes the counterclaim as the possibility, for the defendant, to “contest an unjustified claim while suing the applicant in turn”. It is brought at the time of contesting, within the 20-day period.
The counterclaim is subject to the same rules as the main application: it must respect the small claims monetary limit, and court fees apply to it under the same fee schedule as the initial application.
The judgment will deal with both applications. The judge may find entirely for the applicant, find partly for them, or dismiss the application, and will also rule on the counterclaim if there is one.
What to document
Your own claim, kept separate from your defence: what the other party owes you, why, since when, with the exhibits. Also note whether you have already sent them a formal notice (mise en demeure) and on what date.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Defending yourself in small claims — Gouvernement du Québec
- Schedule of court fees — Small Claims — Gouvernement du Québec
- The small claims judgment — Gouvernement du Québec
Related questions
- Is mediation mandatory in small claims?
- Does small claims mediation cost anything?
- What is arbitration in small claims?
- How do I bring a witness to small claims?
- Do I have to pay my witness in small claims?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.