What happens if I don't respond to a small claims lawsuit?
Short answer
In Quebec, if the defendant does not contest within the 20-day period, a default judgment can be rendered against them as soon as that period expires — sometimes by a special clerk, without a hearing, after a review of the documents in the file.
In detail
The Gouvernement du Québec defines a default judgment as one rendered “where the defendant has taken no part in the proceedings, having failed to contest”. It can also be rendered at the hearing, or after deliberation, where the defendant does not appear on the scheduled day.
That judgment has an immediate consequence for the time to pay: a debtor condemned by default for failing to contest has only 10 days to pay, instead of the usual 30 days.
A default judgment is not necessarily final. The party against whom it was rendered can ask to have it set aside if, for a valid reason, they were unable to contest within the time limit or to appear at the hearing. But that is an additional step, with its own deadlines and its own costs.
What to document
If you were unable to answer in time, note right away why, with the dates and the proof (hospitalization, being out of the country, a wrong address, a notice you never received). That is exactly what you will have to show in order to obtain a revocation.
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
- Default judgment — Gouvernement du Québec
- Voluntary performance of the judgment — Gouvernement du Québec
- Revocation of judgment — Gouvernement du Québec
Related questions
- 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?
- How do I bring a witness to 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.