Process and help for the applicant
Defendant who cannot be located
If an application cannot be delivered to the defendant because an incorrect address was used, the clerk will ask the plaintiff to provide a new address.
After your application has been checked by the clerk
Once your application has been checked, you must file it formally at the courthouse.
Procedure after the application is filed
Once a court record has been opened for your case, the courthouse sends a copy of the application to the defendant with information on the options available to the defendant.
Proceedings against the Government of Canada
A proceeding against the Government of Canada cannot be filed at the Small Claims Division.
If you wish to sue a department or body of the Government of Canada in connection with a small claim, you must do so before the Superior Court of Québec or the Federal Court.
Key points for filing an application
If you decide to sue an organization, enterprise, company or association, you must make sure to use the right name. You must also make sure you select the right type of application.
If your application is not checked by the clerk
you have completed your application, and if you have decided not to have it checked by the clerk, you must take the following steps to ensure that your file is processed.
Proceedings against the Québec government
If you want to sue the Québec government, you must refer to it in the proceedings as the "Attorney General of Québec" followed by the name of the government department or body concerned (for example, Attorney General of Québec – Société de l'assurance automobile du Québec).