How to Transfer Your Case to the Small Claims Division

Understanding the Application for Transfer to the Small Claims Division (Form SJ-855A)

If you are involved in a legal case within the Court of Québec and wish to have your case transferred to the Small Claims Division, the official form to do so is the Application for Transfer to the Small Claims Division (SJ-855A). This form is used primarily by defendants who believe their case would be better suited for the Small Claims Division, which handles simpler and less formal civil disputes involving smaller amounts of money.

Who Should Use This Form?

This form is intended for defendants in a case heard by the Court of Québec (excluding cases already within the Small Claims Division) who want to request a transfer of the case. If you are a defendant and wish to be heard before the Small Claims Division, you should complete and submit this application to the court clerk. It is important to note that the form is applicable whether you are an individual or a legal entity, such as a partnership or association without juridical personality.

How to Fill Out the Form

Completing the SJ-855A form accurately is crucial for your application to be considered. Here are the key steps:

• Identify the Parties: Fill in your name, address, and contact information, as well as those of the plaintiff and defendant.
• Provide Case Details: Include your file number and the district and locality where the case is being heard.
• Declare Your Capacity: Specify whether you are the defendant or a representative acting on behalf of the defendant, including your role and authority.
• State Your Request: Clearly indicate that you are requesting a transfer of the case to the Small Claims Division.
• Date and Signature: Ensure the form is dated and signed by the applicant or their authorized representative.

For handwritten forms, write legibly using block letters to avoid misinterpretation. If completing electronically, ensure all fields are correctly filled before printing or submitting digitally.

Required Documents and Submission

Once completed, you must submit the application to the Small Claims Division office at the courthouse where the case was originally filed. Submission can be done physically or via the Digital Court Office of Québec, accessible through the website of the Ministère de la Justice.

It is advisable to keep a copy of the completed form for your records. The court clerk will review your application and render a decision, which will be communicated to you in writing.

Decision and Next Steps

The clerk of the Court of Québec will decide whether to grant or reject your transfer request. The decision will be based on the information provided and whether the case qualifies for transfer under the applicable legal criteria.

If your application is approved, the case will be transferred to the Small Claims Division, which typically involves simplified procedures and a focus on quicker resolution. If rejected, you may have the option to appeal or pursue other legal remedies, depending on the circumstances.

Common Errors to Avoid

• Incomplete Information: Ensure all sections of the form are filled out accurately and completely.
• Illegible Handwriting: When filling out the form by hand, write clearly in block letters to prevent delays.
• Incorrect Filing Location: Submit the application to the correct courthouse where the case is being heard.
• Missing Signature or Date: The form must be signed and dated for it to be valid.

Following these guidelines will help ensure your application for transfer is considered without unnecessary delays. For further assistance or to access the form online, consult the official website of the Ministère de la Justice of Québec.