I received a small claims application how long do I have to respond?
Short answer
In Quebec, the defendant has 20 days from receiving the application to state their answer. After that time, a default judgment can be rendered as early as the 21st day.
In detail
The time limit runs in calendar days, Sunday to Saturday, not in business days. If it ends on a Saturday or a holiday, it is extended to the next business day.
The defendant has several options: pay or perform what is being asked, offer a settlement, or contest the claim. If they contest, they can also bring a counterclaim, bring another party into the case, ask for the case to be referred to another district or transferred to another court.
To contest on the merits, you have to file the Answer to a Small Claims Application form (SJ-871E) and pay the court fees — the contestation is accepted only if the fees are paid. At the same time, you must file the list of the people who will be called as witnesses, and file your exhibits at the courthouse within 10 days.
What to document
The exact date you received the application, and how (mail, bailiff, other). That is what starts the 20 days running. Write down your version of the facts immediately, with dates, while the details are fresh.
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
- How the case proceeds after filing — Gouvernement du Québec
- Defending yourself in small claims — Gouvernement du Québec
- Default judgment — Gouvernement du Québec
Related questions
- What happens if I don't respond to a small claims lawsuit?
- Can I sue back the person who is suing me?
- Is mediation mandatory in small claims?
- Does small claims mediation cost anything?
- What is arbitration in small claims?
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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.