Understanding the Statement for Judgment by Default in Québec

Understanding the Statement for Judgment by Default (Form SJ-986A) in Québec

The Statement for Judgment by Default (form SJ-986A) is an official document used within the Québec legal system, specifically in the context of civil and small claims court cases. This form allows a plaintiff to request a court judgment against a defendant who has failed to file a formal contestation within the designated timeframe. If you are involved in a legal proceeding where the defendant has not responded, this form is a crucial step to obtain a judicial decision without the need for a full trial.

What Is the Purpose of the Form SJ-986A?

The primary function of the Statement for Judgment by Default is to facilitate a swift resolution when the defendant does not contest the claim. Once the plaintiff completes and submits this form, the court can issue a judgment by default, which effectively confirms the plaintiff’s claim without requiring the defendant's participation. This process is particularly useful in cases where the debt or obligation is clear and uncontested.

Who Can Use This Form?

This form is intended for plaintiffs or their authorized representatives who wish to request a default judgment. The applicant must be able to attest that the defendant has not filed a contestation within the prescribed period. The form can be completed either digitally using the Dynamic PDF format or manually in handwriting, provided the information is legible.

Step-by-Step Procedure for Filling Out the Form

1. Basic Case Information

• District and Locality: Indicate the court district and locality where the case is filed.
• File Number: Provide the assigned court file number.

2. Identification of the Parties

Complete the section identifying the plaintiff (or their mandatary) and the defendant. The form requires the declaration that you are the plaintiff or authorized representative, and that you are not acting as a lawyer unless explicitly authorized.

3. Declaration of the Plaintiff

The plaintiff must declare under oath that:

• The debt claimed is due and payable.
• All facts alleged in the application are true.
• The statement is deemed to have been made under oath.

4. Signatures and Date

The form must be signed by the plaintiff or their authorized representative in the presence of the date and location of signing.

Filing the Form with the Court

Once completed, the Statement for Judgment by Default can be submitted in electronic format via the Digital Court Office of Québec accessible through the Ministère de la Justice website. Alternatively, it can be printed and filed physically at the Small Claims Division office of the relevant courthouse.

It is important to keep a copy of the submitted form for your records. The court will process the application and, if all conditions are met, issue a judgment by default against the defendant.

Important Considerations and Deadlines

Before submitting this form, ensure that the defendant has been given the proper notice and that the deadline for contestation has passed. In Québec, the defendant typically has 15 days from the date of service to file a contestation, but this can vary depending on the case specifics. Confirm the applicable period to avoid rejection of your application.

After filing, monitor the case status through the court’s digital platform or by contacting the court clerk. If the judgment is granted, you will receive a formal decision that can be enforced to recover the owed amount or fulfill the obligation.

Summary

The Statement for Judgment by Default (SJ-986A) is a vital legal document for plaintiffs seeking to resolve uncontested claims efficiently within Québec’s civil justice system. Proper completion, timely filing, and adherence to procedural rules ensure that your case proceeds smoothly toward a court judgment.