I got a default judgment can I have it cancelled?
Short answer
In Quebec, a party condemned by default can apply for revocation of the judgment if, for a valid reason, they were unable to contest within the time limit or to appear at the hearing. The application is made within 30 days after they became aware of the judgment, and never more than 6 months after it.
In detail
The form to use is SJ-866. The 30-day period runs from when you became aware of the judgment, not from its date: that is what makes it possible to react when you find out about the judgment late. But the absolute limit of 6 months applies in every case.
The reason has to be a valid one. The Gouvernement du Québec is emphatic about what revocation is not: a judgment cannot be set aside simply on the basis that the judge made a mistake. It is not an appeal.
Court fees apply to an application for revocation, under the same schedule as the initial application — $121, $223 or $241 for an individual, depending on the amount in dispute.
What to document
The exact date you learned the judgment existed and how (a letter, a call from a bailiff, a seizure of your wages). Then the proof of your reason: a wrong address in the file, being away, hospitalization, a notice never received. Those two elements are the heart of the application.
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
- Revocation of judgment — Gouvernement du Québec
- Schedule of court fees — Small Claims — Gouvernement du Québec
Related questions
- 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?
- How do I garnish the wages of someone who isn't paying me?
- How much can be garnished from a salary in Quebec?
- Can I find out what the debtor owns before seizing?
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.