Guide to Applying for Judgment Revocation in Quebec Small Claims Court

Understanding the Application for Revocation of a Judgment in Small Claims Court (Form SJ-866A)

If you have been served a judgment in a small claims case in Quebec and believe there are valid reasons to challenge it, the Application for Revocation of a Judgment (Form SJ-866A) provides a formal process to request that the court cancel or set aside the judgment. This article explains who should use this form, how to complete it correctly, what supporting documents are necessary, and where and how to submit it.

Who Should Fill Out This Form?

This form is intended for defendants or parties against whom a default judgment has been issued in a small claims case. If you did not contest the claim before the court or were unable to attend the hearing due to valid reasons, you may be eligible to apply for revocation. It is important to note that the application must be filed within specific time limits: you have up to 30 days after becoming aware of the judgment, but no more than six months from the date of the judgment itself.

Why Use Form SJ-866A?

The purpose of this form is to formally request the court to revoke a judgment that was rendered against you, typically because:

• You were unable to contest the case in time due to exceptional circumstances.
• You did not receive proper notice of the hearing or judgment.
• There was a procedural error or other valid legal reason to set aside the judgment.

How to Complete the Form

Step 1: Fill in Your Details

Begin by providing the district and locality where the case was heard, along with your file number. Then, identify yourself as the applicant (either as plaintiff, defendant, or intervening third party). You must also declare your residence address and your role in the case.

Step 2: State the Judgment Details

Specify the date when the judgment was rendered and when you became aware of it. Clearly state your intention to request the court to revoke this judgment.

Step 3: Provide Grounds for Revocation

In this section, briefly describe the reasons why you believe the judgment should be revoked. If necessary, attach a detailed schedule or additional pages to elaborate on your grounds.

Step 4: Sign and Swear the Declaration

After completing the form, you must sign it in the presence of an authorized person, such as a commissioner for oaths, a clerk, or a notary. This step affirms that the information provided is true and correct.

Supporting Documents to Attach

While the form itself contains the necessary information, it is advisable to attach any relevant evidence supporting your grounds for revocation. This may include:

• Proof of notice or communication issues.
• Documents demonstrating unavoidable absence or other valid reasons.
• Any correspondence related to the case or judgment.

Where and How to File the Application

Once completed and sworn, you must submit the form to the Small Claims Division of the Court of Quebec. This can be done through the Digital Court Office of Québec (GNJQ), accessible via the website of the Ministère de la Justice. If you prefer, you can also file a paper copy at the court office in person or by mail.

Fees and Costs

There are court fees associated with filing this application. For specific information regarding the applicable costs and payment methods, consult the Ministère de la Justice's website or the court where you are filing.

Important Deadlines and Procedural Notes

The application must be filed within 30 days of becoming aware of the judgment, but no later than six months after the judgment date. After filing, the court will review your application and decide whether it is admissible. The court may schedule a hearing to hear arguments from both sides before making a decision.

Conclusion

The Form SJ-866A is a critical legal document for parties seeking to challenge a default judgment in Quebec's small claims court. Properly completing this form, attaching relevant evidence, and adhering to deadlines are essential steps to ensure your application is considered. If in doubt, consulting a legal professional or court clerk can help clarify the process and improve your chances of success.