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How do I sue someone in small claims court?

✓ Verified answer Written from official pages, with checked citations and a verification date.

General information, not legal advice. The Small Claims Division of the Court of Québec hears cases where the amount in dispute is $15,000 or less, not counting interest. You fill out the claim form online (SJ-870E), pay the court fees (which depend on the amount claimed), and can have your claim checked for free by a clerk. Some disputes are not accepted, for example those about a residential lease (which fall under the Tribunal administratif du logement). The judgment cannot be appealed.

Official page: Filing a small claim (Québec.ca) ↗

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Key facts
Maximum amount
$15,000, not counting interest.
Court fees (individual, 2026 tariff)
$121 for a claim of $0.01 to $5,000; $223 from $5,000.01 to $10,000; $241 from $10,000.01 to $15,000. For a legal person: $191, $318 and $382. These amounts are indicative (if they differ, the tariff published by Publications du Québec prevails) and the tariff is indexed every year. People who receive last-resort financial assistance or who file a legal aid certificate are exempt from the fees.
Free help
Check of your claim by a clerk by telephone appointment (1 866 536-5140).
After the judgment
The judgment cannot be appealed. The person ordered to pay has 30 days from the date of the judgment to pay the creditor directly (a shorter time applies if they were ordered to pay by default for not contesting: see the official page).
Time limit for suing
It depends on the nature of the claim: ask a legal advisor.
Steps
  1. Check that your situation is accepted: for example a debt owed to you, damage caused to you or your property, or the cancellation, resolution or termination of a contract. Not accepted, in particular: a residential lease (which falls under the Tribunal administratif du logement) and alimony (which falls under the Superior Court). The official page lists other cases that are not accepted.
  2. Check the amount: the maximum is $15,000, not counting interest. You cannot split a claim into several cases of $15,000 or less.
  3. Check who can sue: any individual, in their own name. A legal person, partnership or association can do so if it employed at most 10 people during the 12 months before the application.
  4. Check the time limit for suing (prescription). It depends on the nature of your claim and, after the deadline, you lose your right to sue: the official page tells you to ask a legal advisor to find out the deadline.
  5. Send a formal notice (mise en demeure): a letter that explains what you hold against the other person and what they can do to settle the matter, with a deadline (the official page gives 10 days as an example of a reasonable deadline). Send it by registered mail or by bailiff and keep proof of receipt. In some types of lawsuit, it is mandatory.
  6. Fill out the Small Claims application form (SJ-870E) online: it is not offered as a PDF. Choose the judicial district according to the rules on the official page "Where to file your claim".
  7. Have your application checked by a clerk, for free, by telephone appointment (toll-free number: 1 866 536-5140). Your form is kept for 45 days from the day it is received: without an appointment in that time, it is destroyed and you have to start over.
  8. Pay the court fees (the official page "Payment of court fees" explains the payment methods). Then a copy of the claim is sent to the person being sued, who must respond within a time set by law, and the clerk summons both parties to the hearing.
General information drawn from official sources. It does not replace legal, medical or financial advice. For your situation, contact the organization concerned or a professional.
Sources

Checked on October 5, 2026. Rules, deadlines and fees can change: always confirm on the official page above. Demande au Québec is an independent website, not a government site.

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