Quebec's Division des petites créances hears claims up to $15,000 — with no lawyers allowed for either side — under the Civil Code's three-year prescription period. This guide covers filing, the hearing, and how to prove the loan.
Recovering an unpaid loan in Quebec follows rules you won't find anywhere else in Canada — starting with the fact that you'll stand before the judge yourself, because lawyers aren't allowed to argue for you. Quebec's Civil Code system also gives you a longer window to sue. Here's how the Division des petites créances handles an unpaid loan, and what its no-lawyer rule means for you.
Quebec's small claims court works unlike any other in Canada, because of one rule: lawyers are not allowed to represent you at the hearing. At the Court of Québec's Division des petites créances, you present your own case. The limit is $15,000, and because Quebec is a Civil Code jurisdiction, you generally have three years to sue.
The rule that defines Quebec small claims: no lawyers
In the Division des petites créances, a lawyer can advise you before the hearing, but cannot stand up and argue for you. This levels the field — an individual faces a business or another individual on equal footing, with no one outgunned by hired representation. It also means your preparation matters: you'll explain the loan, the terms, and the default to a judge yourself.
The $15,000 ceiling and the three-year prescription
The division hears claims up to $15,000. Because Quebec's private law is the Civil Code rather than common law, the limitation rules differ too: the general prescription period for most civil claims is three years under article 2925 of the Civil Code, giving you a year longer than litigants in most other provinces. The clock generally runs from when the debt became payable.
Filing your claim
You file your demand with the Court of Québec, setting out who owes you, how much, and why, with your supporting documents — proof the money was advanced and understood as a loan. Quebec provides guidance and forms for self-represented litigants in French and English, and the court assists people through the process.
Mandatory mediation
Quebec offers — and often encourages — mediation before the hearing. A free or low-cost mediation session gives both sides a chance to settle without a judge deciding. For a documented loan, it's frequently where matters resolve.
The hearing before a judge
If mediation doesn't settle it, you appear before a judge of the Court of Québec. You present your evidence and your account; the other side presents theirs; the judge decides. Without lawyers in the room, the hearing is meant to be approachable.
Collecting with a bailiff
A judgment in your favour can be enforced through a court bailiff (huissier), who can seize assets or garnish amounts owed to satisfy the debt. As everywhere, a judgment is permission to collect, not the money itself.
Common questions
Can I have a lawyer in Quebec small claims court?
No — and this is what makes Quebec unique. At the Division des petites créances, lawyers cannot represent parties at the hearing. You may consult one for advice beforehand, but you argue your own case. The rule is meant to keep the process equal and accessible.
How much can I claim, and how long do I have?
The Small Claims Division of the Court of Québec hears claims up to $15,000. Quebec follows the Civil Code, and the general prescription (limitation) period is three years under article 2925 — longer than the two years common elsewhere.
Does a business get treated the same way?
Quebec limits which businesses can use small claims (generally those with few employees), part of keeping the division focused on everyday disputes. For an individual recovering a personal loan, the division is squarely available.
Walk in with proof, not just your word
Since you'll argue the case yourself, clear evidence matters even more. LendRight builds a signed loan agreement both people e-sign in minutes. Free to draft.
Create my loan agreement →General information for Quebec, not legal advice; LendRight is not a law firm. Quebec's Civil Code procedures, limits and prescription rules are specific — confirm current details with the Court of Québec before filing.
We write plain-language guides on lending between family and friends in Canada, reviewed against current provincial and CRA rules. LendRight is not a law firm — this is general information, not legal advice.