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Quebec Small Claims: The Petites Créances Division

By Recording Law Editorial Team8 min read
Quebec Small Claims: The Petites Créances Division

Frequently Asked Questions

What is the maximum amount I can claim at Quebec's Small Claims Division?

The limit is $15,000, not including interest and the additional legal indemnity. This ceiling is indexed each year, with any increase taking effect September 1, so confirm the current figure with the Court of Québec before filing. You also cannot split a claim worth more than $15,000 into two or more smaller claims to stay under the limit.

Can a lawyer represent me at my small claims hearing in Quebec?

No. Parties must represent themselves at the hearing itself, and a lawyer cannot appear on your behalf or address the judge for you. You can still hire a lawyer beforehand to review your documents, help draft your demand letter, or explain your options, since that advice happens outside the courtroom.

Do I have to send a mise en demeure before filing a small claim in Quebec?

In many cases yes, and for some types of claims a formal demand letter is required, meaning your application can be dismissed if you skip it. Even when it is not strictly required, sending one first is strongly recommended, since it can resolve the dispute without a court date and shows the judge you tried to settle things directly.

Can a business use Quebec's Small Claims Division?

Yes, but only as a claimant if it had 10 or fewer people under its direction or control at every point in the 12 months before filing. That cap applies only to who can bring a claim. A business or corporation of any size can still be sued in small claims for an amount of $15,000 or less.

Can I appeal a decision from Quebec's Small Claims Division?

No. A judgment from the Small Claims Division is final and cannot be appealed. The only narrow exception is an application to revoke the judgment, typically used when a party missed the hearing through no fault of their own, such as never being properly notified of it.

How long do I have to file a small claim in Quebec?

Most claims, including unpaid debts, damaged property, and breached contracts, must be filed within three years of when the problem occurred or was discovered, under Quebec's general prescription rule. Some situations have shorter or longer deadlines, so check the rule for your specific claim rather than assuming three years applies.

Sources and References

  1. Gouvernement du Québec: Small Claims (Division des petites créances) overview(quebec.ca).gov
  2. Gouvernement du Québec: Maximum amount of a small claim(quebec.ca).gov
  3. Gouvernement du Québec: Who can file an application (plaintiff eligibility, including legal persons)(quebec.ca).gov
  4. Gouvernement du Québec: Eligible and ineligible applications at the Small Claims Division(quebec.ca).gov
  5. Gouvernement du Québec: Formal notice (mise en demeure) before filing(quebec.ca).gov
  6. Gouvernement du Québec: Tariff of court costs, Small Claims(quebec.ca).gov
  7. Gouvernement du Québec: Time limit to file an application (prescription)(quebec.ca).gov
  8. Civil Code of Québec, art. 2925 (general three-year prescription period), via LégisQuébec(legisquebec.gouv.qc.ca).gov
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