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.

The defendant has 20 days to indicate which option he or she has chosen.

The defendant’s options are to:

  • pay the amount claimed or perform the action requested;
  • offer a settlement;
  • defend on the merits. Using this option, the defendant can also:

    • claim an amount from you in a cross-application;
    • involve another party in the case;
    • ask for the case to be referred to another judicial district judiciaire or to the competent court or administrative tribunal; 
    • if applicable, agree or refuse to attend a mediation session

Judgment by default

If the defendant fails to indicate an option to the clerk within 20 days, a judgement may be rendered against the defendant without further notice.

Defence on the merits

If the defendant chooses to defend the case on the merits, you will receive a copy of the defendant’s defence. Both parties will then receive a notice of hearing requiring them to attend court at the place and time indicated. 

The time needed to obtain a hearing may vary, depending on the judicial district concerned. 

If you wish to add exhibits to the record or have other witnesses called, you must do so at least 21 days before the date of the hearing.

Calculation of the time limit

The time limit is not calculated in working days (Monday to Friday), but in calendar days (Sunday to Saturday). However, if the time limit ends on a Saturday or a holiday, it is extended until the next following working day.

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