Can you get a judgment without a hearing?
Short answer
Yes. In Quebec, a small claims judgment can be rendered on the face of the record, without a hearing, if both parties consent using the Consent to Judgment on the Face of the Record form (SJ-1270).
In detail
The judge then reviews the whole file and renders judgment without hearing the parties. The consent form is filed at the courthouse; the other party can accept or refuse it. If they refuse, the case follows its normal course.
Once both consents are in, you receive a communication that lets you flesh out your file — adding evidence or written statements — before the judgment is rendered. That is the decisive moment, since you will not be speaking at a hearing.
You can withdraw your consent before the judgment is rendered. The judge can also decide to hold a hearing if they consider it necessary. Note as well: cases where the parties ask for a judgment on the face of the record fall outside mandatory mediation.
What to document
A written file that stands on its own: a dated chronology, numbered exhibits, the calculation of the amount, and written statements from your witnesses. Since you will not be able to explain anything out loud, every grey area has to be filled in in writing.
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
- Judgment on the face of the record — Gouvernement du Québec
- Mandatory mediation in small claims — Gouvernement du Québec
Related questions
- How long after the hearing will I get the judgment?
- Can I appeal a small claims judgment?
- I got a default judgment can I have it cancelled?
- How long does the person have to pay me after the judgment?
- The person isn't paying me after the judgment what do I do?
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.