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Sworn declaration for a small claims application: how does it work?

The Small Claims Division of the Court of Québec lets you claim a sum of money or settle a dispute without a lawyer, up to a certain amount. In some situations, the applicant or the defendant must support their allegations with a declaration under oath.

The small claims process is designed to be simple and accessible without a lawyer. Despite this simplicity, some facts must sometimes be attested under oath to be considered by the court.

In what situations is a declaration under oath useful?

  • supporting the facts alleged in an originating application;
  • presenting evidence by written declaration rather than in-person testimony, when the court allows it;
  • confirming that a document was served on the other party;
  • attesting to damages or the amount claimed.

Is a declaration under oath always required for small claims?

No — it depends on the nature of the evidence and the requirements of the registry or court for your specific file. The generic SJ-1139 form ("Declaration under Oath") can be used when a written sworn declaration is required.

SJ-1139 — Declaration under oath: online oath commissioning

What should the declaration contain?

  • the declarant's identity and their connection to the file;
  • the relevant facts, stated clearly and chronologically;
  • the documents or supporting evidence the declaration refers to;
  • a statement of truthfulness.

Can it be sworn online?

Yes, when the document and situation are eligible for remote oath commissioning, by videoconference — useful when the relevant courthouse is not easily accessible.

Online oath commissioning in Québec: how does it work?

Assermentation Express

Assermentation Express is not a government website and does not provide legal advice on your small claims file. This service is limited to receiving the oath or solemn affirmation on a document already prepared.

Do you need a declaration for a small claims application sworn? Check availability and book your appointment online.

Book my appointment

Sources and references

← Assermentation Express
Sworn declaration — small claims