What you should know before you begin

Who can file a claim? Any individual. Companies with more than 10 employees cannot use small claims court.

Maximum amount: $15,000 (not counting interest). Beyond that, the process generally takes place at the Court of Québec or the Superior Court, depending on the case.

No lawyer at the hearing: This is the fundamental rule of small claims court — you represent yourself. The process is designed to be accessible. A lawyer may, however, advise you outside of court, before the hearing.

Limitation period: As a general rule, you have 3 years from the events to file your claim — but this period may vary depending on the nature of the claim. Consult the official page on limitation periods or check with a legal adviser for your specific situation. Once the applicable deadline has passed, your recourse is lost, even if you are in the right.

The judgment is generally final: Once rendered, a small claims judgment is definitive for both parties. There are exceptional procedural remedies in very particular circumstances (e.g., retraction of a default judgment if the defendant had a valid reason for not appearing), but there is generally no appeal in the usual sense of the term.

For a complete overview of the process, consult the Small Claims Guide from the Young Bar Association of Montreal (free PDF, in French) and the 10 questions to ask yourself before filing a claim on Éducaloi.

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What small claims court can — and cannot — hear

Before filing, it is useful to verify that your situation is admissible. Small claims court generally hears claims relating to breached contracts, poorly executed work, property damage, refused refunds, unpaid invoices, hidden defects and other civil disputes of $15,000 or less.

Certain matters fall under other tribunals or have specific rules — for example, disputes related to a residential lease are generally under the jurisdiction of the Administrative Housing Tribunal (TAL), and child support claims typically fall under the Superior Court. Other situations may also be excluded depending on the circumstances.

Before filing, consult the official list of admissible and non-admissible claims on Quebec.ca, or contact the clerk's office at your courthouse directly to confirm the admissibility of your situation.

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Your AI tools: which one to use and why

Gemini (Google) is your analysis and comprehension tool. Use it to break down your situation, identify deadlines, and understand what is happening in your file. Think of it as your personal analyst.

ChatGPT (OpenAI) is your drafting tool. Once you know what you need to produce — a formal notice, formal emails, a summary of the facts — this is the tool to use. Think of it as your personal secretary.

Claude (Anthropic) is your review and preparation tool. Use it to test the strength of your file, anticipate the other party's arguments, and prepare what you will say at the hearing. Think of it as your preparation coach.

In practice: Gemini analyzes, ChatGPT drafts, Claude refines and anticipates.

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Step 1 — First: send a formal notice (Recommended tool: ChatGPT)

Before filing anything at the courthouse, it is often recommended to send a formal notice (mise en demeure) to the other party. This is a formal letter explaining what you are claiming, why, and within what timeframe you expect a resolution. This step is not a legal requirement in all small claims situations, but it can be useful: it sometimes resolves the problem without going to court, and it demonstrates that you attempted to settle the matter before turning to the tribunal.

The Quebec government itself publishes the elements to include in a formal notice along with an example on its official page: Formal Notice — Quebec.ca. Éducaloi also offers a detailed guide on how to write your own formal notice, and on what a formal notice is. Both resources are free and intended for the general public.

Once you have reviewed these resources, give all your facts to ChatGPT and ask it:

"Write a formal and professional demand letter. I am claiming [$amount] from [name of person or company] for the following reasons: [your facts]. I am giving them [10 or 15] days to settle."

Note: some public templates for formal notices include particular mentions (e.g., a reservation of rights clause). If you use a template available on Quebec.ca or Éducaloi, it is recommended to keep the wording of that template as is.

Many people choose to send their formal notice by Canada Post registered mail or through a bailiff (huissier), as these methods provide a proof of delivery that is easier to demonstrate. Sending by email with a read receipt is possible, but the proof may be harder to establish. In all cases, it is useful to keep a record of the sending.

Important: if you are suing a company, it is important to use the company's exact legal name, which may differ from its trade name. You can verify it for free on the Quebec Enterprise Registry.

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Step 2 — File your claim (Recommended tool: Gemini + official form)

If the formal notice did not resolve the problem, you move on to the official filing. Before filling out the form, ask Gemini to help you organize your facts:

"I have a claim of [$amount] against [person or company]. Here is my situation: [your facts]. How should I present my arguments in a clear and chronological way for a small claims form?"

Then, fill out the official form SJ-870E — Small Claims Application, available free online on the Justice Québec website. You can complete it and pay the filing fees directly online. The legal filing occurs once the clerk's office receives the form and the fees are paid. To review all the official steps of the process, visit the Sue in Small Claims Court page on Quebec.ca. You can also access your file online to consult or supplement it after filing.

Filing fees vary depending on the amount claimed and are updated periodically — check the official rate in effect at the time of filing on Quebec.ca. As a general reference, fees were approximately $115 to $230 for an individual (depending on the amount claimed) at the time this page was written.

These fees are reimbursed if you win your case. Payment can be made by credit card, debit, cash, or certified cheque — personal cheques are not accepted. Recipients of last-resort financial assistance are exempt from fees upon presentation of their benefit booklet.

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Step 3 — Mediation: the major development since 2025 (Recommended tool: Claude)

Since 2025, in many judicial districts across Quebec, when a claim of $5,000 or less is contested, a mediation session may be mandatory depending on the program in effect in your district. If no agreement is reached, the file may be directed toward arbitration according to the applicable procedures. For claims over $5,000, mediation is generally offered on a voluntary basis.

Good news: you don't need to do anything to register. Once your file is contested, the courthouse will connect you with a mediator. The session is entirely free according to the terms of the program in effect. It may be held in person or remotely. What is said during mediation is confidential and cannot be used at a subsequent hearing.

For more information, consult the official Quebec government pages:

→ Mediation in small claims — how it works and procedures

→ Mandatory mediation — check if your district is covered

→ Mediation and arbitration in small claims — main page

Before your mediation session, ask Claude:

"I am going to mediation to recover [$amount] from [person]. Here are the facts: [your facts]. Help me prepare a clear opening position and anticipate the other party's arguments."

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Step 4 — Prepare for your hearing (Recommended tool: Claude)

If mediation does not lead to an agreement, your file is scheduled for a hearing before a judge. You will receive a notice by mail at least 6 weeks before the date. A small claims hearing is less formal than a traditional trial — the judge will guide you — but solid preparation makes a real difference.

For a complete overview of how the hearing unfolds: Small Claims Judicial Process — Quebec.ca.

Important point: it is often necessary to file your evidence at least 30 days before the hearing. Any document you wish to use — contracts, invoices, photos, text messages, emails, receipts — should be filed with the clerk's office within that timeframe, along with the SJ-840 form (List of Exhibits). Always verify the exact deadline indicated in your summons notice, as that is the authoritative reference. Past the applicable deadline, the judge may refuse to accept your evidence.

To prepare your testimony, ask Claude:

"Act as if you were the opposing party's lawyer. Here is my file: [your facts and evidence]. What are the three weakest points in my position? What difficult questions might I be asked?"

And to prepare your presentation:

"Help me summarize my case in 3 minutes, in a clear and chronological way, to present to a judge."

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The day of the hearing: the essentials

Arrive on time with all your evidence in copies (one for you, one for the judge, one for the other party). Speak directly to the judge, not to the other party. Stay factual, chronological, and calm. The judge may ask questions — answer simply and honestly. If the other party does not appear, the judge may render a default judgment in your favour.

Free information sessions on small claims are offered virtually or in person in several regions of Quebec — an excellent way to prepare.

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Step 5 — After the judgment: collecting your money (Recommended tool: Gemini)

You won — congratulations. But winning a judgment and receiving the money are two different things.

The debtor has 30 days to pay you from the date of the judgment (10 days if it is a default judgment). If they do not pay, you can have the judgment enforced. The clerk's office of the Small Claims Division can assist you in this process, or you can retain the services of a bailiff (huissier). For more information: Small Claims Judgment — Quebec.ca.

Ask Gemini: "The defendant has not paid the judgment rendered against them in Quebec small claims court. What are my options for recovering my money?"

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Common deadline references (verify for your specific file)

Generally 3 years — limitation period to file your claim, depending on the nature of the recourse (verify for your situation)

Often 20 days — deadline given to the defendant to contest your claim after receiving it

30 days before the hearing — usual deadline to file your evidence with the clerk's office (check the summons notice you receive)

30 days after the judgment — usual deadline for the debtor to pay you (10 days in the case of a default judgment)

Always verify exact deadlines directly with the clerk's office at your courthouse. Find a courthouse in Quebec.

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Official resources — everything you need in one place

Admissible and non-admissible claims in small claims court — Quebec.ca

Limitation periods for filing your claim — Quebec.ca

Main page — Small Claims Court, Quebec.ca — starting point for all procedures

Form SJ-870E — Small Claims Application (online)

Formal notice example — Government of Quebec

How to write your formal notice — Éducaloi (free)

Mandatory mediation — check your judicial district

All official forms — small claims

Quebec Enterprise Registry — verify a company's legal name

Complete Small Claims Guide — Young Bar Association of Montreal (free PDF, in French)

Find the courthouse in your region

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Useful AI prompts to keep on hand

"Write a formal demand letter to claim [$amount] from [name] for [reason]." → ChatGPT

"Help me fill out the 'facts' section of form SJ-870E with the following information: [...]" → ChatGPT

"What evidence should I gather to support my claim in a case involving [type of dispute — e.g. incomplete work, unreturned deposit]?" → Gemini

"How do I find the exact legal name of a company in Quebec for a small claims lawsuit?" → Gemini

"I am going to mediation. Here are my facts: [...]. Help me prepare my position and anticipate the other party's arguments." → Claude

"Act as if you were the opposing party's lawyer. Attack my case and tell me its three weakest points." → Claude

"Help me summarize my case in 3 minutes, in a clear and chronological way, to present to a judge." → Claude

"The defendant has not paid the judgment. What are my options for enforcing a small claims judgment in Quebec?" → Gemini

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What AI does — and what it does not do

These three tools are useful for understanding, organizing, drafting, and preparing. They do not replace a lawyer and do not provide legal advice. They work only with the information you provide them.

Always review AI-generated documents before submitting them. Always verify exact deadlines and fees directly with the clerk's office at your courthouse — the clerk can confirm procedural information. If your situation is complex or the stakes are significant, consult a professional. The Barreau du Québec can refer you to a lawyer, and legal aid may cover your fees if you are eligible. The Bar's Legal Clinic also offers free advice to citizens under lawyer supervision.

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Reclaim your place

Small claims court has existed for decades to allow every citizen — not just those who can afford a lawyer — to assert their rights. With the AI tools available today, you can prepare seriously, organize your facts with clarity, and appear before the judge with confidence.

You have been wronged. You have the right to say so — and to recover what is yours.

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LEGAL DISCLAIMER

This site provides NO legal advice. This site is a practical guide showing how to navigate the small claims process and how to use publicly available AI tools as support. The information presented is general in nature, drawn from official public sources, and does not in any way constitute legal advice or a recommendation to act. The author is not a lawyer.

You are solely responsible for your actions and the documents you produce. AI tools CAN MAKE MISTAKES. They may generate inaccurate information about legislation, deadlines, or procedures. NEVER rely on an AI for a critical deadline or fact without verifying it with an official source or the clerk's office at your courthouse.

By using the ideas on this site, you assume all risk.

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This page will be updated regularly to reflect legislative and procedural developments.