Did you just win a small claims claim? Not so fast, that’s not all.
Keep in mind that you will not receive your money automatically.
You may need to invest time and effort to get your claim.
A beehive story
In a small claims case decided in April 2023, a roofing company in the Rimouski area sued an owner for an outstanding amount after the work was completed.
The facts are from August 2020. After the submission was accepted, the intervention team went on site to carry out the work. But she spotted a beehive that forced her to stop!
In the days that followed, the owner called an exterminator to remove the hive and work continued. The company then added an amount to its bill for this emergency, covering travel and overtime. In dispute, the owner withheld an amount of $1042.79 from the payment due.
The judge approved the company and ordered the owner to pay the balance plus interest.
Look for similarities
In this, as in the other cases, when a judgment is issued, the other party generally has 30 days to pay. Here the owner could either pay the amount in one installment or enter into an agreement with the company.
For example, if she is unable to make a single payment, an amicable settlement could allow the payment to be split into several installments. It’s up to you to see what suits you in terms of time to full payment.
If you find yourself in this situation and enter into an agreement, be sure to keep written proof of it.
force the other to pay
If the person against whom a judgment is being rendered – also known as a debtor or debtor – refuses to pay, you as a creditor or obligee must produce a writ of execution for filing with the court. In certain situations it is possible to do this yourself, but a bailiff can help you.
In our example, the company had the option of appointing a bailiff to carry out the seizure. The person’s salary, money in a bank account, or property (such as a car) may be confiscated.
In order to achieve this, the bailiff needs to collect information about the data subject. An interrogation after a judgment is one way of obtaining information. The bailiff can also ask the court to provide information about the data subject from a person or a public body.
You have 10 years to force the other party to pay. If nothing is to be attached or the attachment does not make it possible to settle everything, the period of 10 years begins anew with each attempt.
Three things you should consider when dealing with minor damage
- Cases brought before the Small Claims Division of the Quebec Court may not exceed US$15,000 (excluding interest).
- Legal representation of the parties is not possible.
- Small claims judgments are final and not subject to appeal.