TITLE II COMPULSORY EXECUTION

CHAPTER I

PRELIMINARY PROVISIONS

SECTION I

EXAMINATION OF DEBTOR AFTER JUDGMENT

543. When a judgment has become executory, the creditor may summon the debtor to appear before the judge or the clerk, either of the district where the judgment was rendered or of the district where the debtor has his residence, to be examined as to all the property that he possesses or has possessed since the incurring of the obligation which was the basis of the judgment, and as to his sources of revenue.

When the debtor is a legal person, the summons must be given to one of its senior officers; when the debtor is a foreign partnership or legal person doing business in Quebec, it must be given to its agent.

1965 (1st sess.), c. 80, a. 543; 1992, c. 57, s. 294, s. 420; 1999, c. 40, s. 56.

544. The judge may, at the instance of the creditor, order the debtor to produce any book or document relating to the matters which may be the subject of the examination and permit the examination before the clerk of any person capable of giving information about such matters.

1965 (1st sess.), c. 80, a. 544; 1992, c. 57, s. 420.

545. The provisions of articles 280 to 284 and 293 to 331 apply, so far as may be, to the cases mentioned in articles 543, 544 and 546.1.

Any dispute arising during the examination of the witness must be submitted as soon as possible for decision to the judge in chambers.

1965 (1st sess.), c. 80, a. 545; 1980, c. 21, s. 2.

546. The costs of an examination under this section form part of the costs of execution, unless the judge orders otherwise.

1965 (1st sess.), c. 80, a. 546.

546.1. Where a judgment awarding support has become executory, a judge or, if the matter has not been referred to a judge, the clerk may, on the motion of the person entitled to support and if circumstances justify it, order a person to furnish the person entitled to support with the information he has on the residence and place of work of the debtor in default and, if need be, allow him to be interrogated to that effect before the clerk.

This article applies notwithstanding any inconsistent provision of a general law or special Act providing for the confidentiality or non-disclosure of certain information or documents. It does not, however, apply to a person who has received the information in the practice of his profession and who is bound to the debtor by professional secrecy.

1980, c. 21, s. 3; 1983, c. 28, s. 21; 1992, c. 57, s. 420.

SECTION II

PROVISIONAL EXECUTION

547. Notwithstanding appeal, provisional execution applies in respect of all the following matters unless, by a decision giving reasons, execution is suspended by the court:

(a) possessory actions;

(b) liquidation of a succession, or making an inventory;

(c) urgent repairs;

(d) ejectment, when there is no lease or the lease has expired or has been cancelled or annulled;

(e) appointment, removal or replacement of tutors, curators or other administrators of the property of others, or revocation of the mandate given to a mandatary in anticipation of the mandator\'s incapacity;

(f) accounting;

(g) alimentary pension or allowance or custody of children;

(h) judgments of sequestration;

(i) (subparagraph repealed);

(j) judgments with regard to an improper use of procedure.

In addition, the court may, upon application, order provisional execution in case of exceptional urgency or for any other reason deemed sufficient in particular where the fact of bringing the case to appeal is likely to cause serious or irreparable injury, for the whole or for part only of a judgment.

In the cases provided for in this article, the court may, upon application, make provisional execution conditional upon the furnishing of security.

1965 (1st sess.), c. 80, a. 547; 1992, c. 57, s. 295; 1993, c. 30, s. 15; 1994, c. 28, s. 27; 1995, c. 2, s. 9; 2002, c. 7, s. 98; 2009, c. 12, s. 5.

548. Provisional execution cannot be ordered for costs, even when they are awarded in lieu of damages.

1965 (1st sess.), c.

549. If provisional execution has not been ordered by the judgment itself, it cannot thereafter be allowed except on appeal as provided in article 550.

1965 (1st sess.), c. 80, a. 549.

550. A judge of the Court of Appeal may on motion order provisional execution, with or without security, when it has not been ordered or has been dismissed in the judgment appealed from, or cancel or suspend provisional execution, when it has been ordered or when provided by law, or order that security be given by any party who was exempted from doing so by the court of first instance.

The judge to whom the motion is presented may refer it to the court if it is then in session.

1965 (1st sess.), c. 80, a. 550; 1993, c. 30, s. 16.

551. Provisional execution cannot take place until after the service upon the opposite party of the judgment which orders it.

1965 (1st sess.), c. 80, a. 551.

SECTION III

EXEMPTIONS FROM SEIZURE

552. The debtor must be permitted to select from among his property and withdraw from seizure:

(1) The movable property which furnishes his main residence, used by and necessary for the life of the household, up to a market value of $6,000 established by the seizing officer;

(2) The food, fuel, linens and clothing necessary for the life of the household;

(3) The instruments of work needed for the personal exercise of his professional activity.

Nevertheless, with the exception of the property mentioned in subparagraph 2 of the first paragraph, the property referred to in the first paragraph may be seized and sold for the amounts owed on the price of the property or by a creditor holding a hypothec thereon, as the case may be. However, if the debtor is a fisherman, his fishing boats and equipment cannot be seized or sold between 1 May and 1 November.

The valuation of the seizing officer may be revised by the court; if the court is of the opinion that the value of the property left to the debtor is below the value permitted, it may allow the debtor to choose and take from among the seized property that which is required to make up the difference.

Any renunciation of the exemptions from seizure resulting from this article is null.

1965 (1st sess.), c. 80, a. 552; 1969, c. 80, s. 10; 1972, c. 70, s. 20; 1977, c. 73, s. 17; 1986, c. 55, s. 3; 1992, c. 57, s. 296.

553. The following are exempt from seizure:

(1) Consecrated vessels and things used for religious worship;

(2) Family papers and portraits, medals and other decorations;

(3) Property declared by a donor or testator to be exempt from seizure, which may however be seized by creditors posterior to the gift or to the opening of the legacy, with the permission of the judge and to the extent that he determines;

(4) Judicially awarded support and sums given or bequeathed as support, even if not declared to be exempt from seizure by the instrument evidencing the gift or bequest;

(5) Books of account, titles of debt and other papers in the possession of the debtor, saving the things mentioned in article 570;

(6) Contingent emoluments and fees due to ecclesiastics and ministers of religion by reason of their current services, and the income of their clerical endowment;

(7) Benefits payable under a supplemental pension plan to which an employer contributes on behalf of his employees, other amounts declared unseizable by an Act governing such plans and contributions paid or to be paid into such plans;

(8) Periodic disability benefits under a contract of accident and sickness insurance;

(9) Reimbursement of expenses incurred under a contract of accident and sickness insurance;

(9.1) Property of a person that he requires to compensate for a handicap;

(10) (Subparagraph repealed);

(11) All gross salaries and wages to the extent of 70% of the excess over the following unseizable portion:

(a) $180 per week, plus $30 per week for each dependant in excess of two, if the debtor is supporting his or her spouse, has a dependent child, or is the main support of a relative; or

(b) $120 per week in all other cases.

The person of the opposite or the same sex with whom the debtor has been cohabiting for three years or for one year if a child has issued from their union is considered to be the de facto spouse of the debtor, provided the debtor is neither married nor in a civil union.

In calculating salaries and wages account must be taken of any remuneration in money, kind or services, paid for services rendered under a contract of employment, of enterprise, for services or of mandate, excepting:

(a) the contributions of the employer to pension, insurance or social welfare funds;

(b) the value of the food and lodging supplied or paid for by the employer on the occasion of travelling while carrying out work;

(c) passes given by a transportation undertaking to its employees;

(11.1) 50% of sums payable under the Family Orders and Agreements Enforcement Assistance Act (Revised Statutes of Canada, 1985, chapter 4, 2nd Supplement);

(12) Anything declared unseizable by law.

However, notwithstanding any contrary provision of a general law or special Act, any income referred to in paragraph 4, 6, 8 or 11, as well as any amount mentioned in paragraph 7, is unseizable, in the case of effecting partition of a family patrimony or of a debt for support or a compensatory allowance between married or civil union spouses, to the extent of 50%.

1965 (1st sess.), c. 80, a. 553; 1974, c. 70, s. 469; 1977, c. 73, s. 18; 1979, c. 37, s. 29; 1980, c. 21, s. 4; 1982, c. 17, s. 26; 1982, c. 58, s. 21; 1986, c. 55, s. 4; 1988, c. 17, s. 4; 1989, c. 55, s. 30; 1992, c. 57, s. 297; 1999, c. 14, s. 9; 2002, c. 6, s. 101.

553.1. Works of art or historical property brought into Quebec and placed or intended to be placed on public exhibit in Quebec are also exempt from seizure, if the Government declares them so, and for such time as it determines. Such works or property must not have been originally conceived, produced or created in Quebec.

The order in council passed in virtue of the first paragraph comes into force on its publication in the Gazette officielle du Quebec.

Exemption from seizure as prescribed in this article does not prevent the execution of judgments rendered to give effect to service contracts relating to the transportation, warehousing and exhibition of the works and property referred to in the first paragraph.

1976, c. 48, s. 1.

553.2. An immovable serving as the principal residence of the debtor is also exempt from seizure where the amount of the claim is less than $10,000, except where

(1) the claim is secured by a prior claim or legal or conventional hypothec on the immovable other than a legal hypothec securing a claim arising out of a judgment;

(2) the claim is a claim for support;

(3) the immovable is already validly under seizure.

For the purposes of this article, the amount of the claim is that of the judgment under which the immovable could be seized, including interest accrued from the date of the judgment, but not including costs.

1986, c. 55, s. 5; 1989, c. 55, s. 31; 1992, c. 57, s. 298; 1996, c. 5, s. 41.

SECTION IV

Repealed, 1995, c. 18, s. 80.

553.3. (Repealed).

1988, c. 56, s. 1; 1995, c. 18, s. 80.

553.4. (Repealed).

1988, c. 56, s. 1; 1995, c. 18, s. 80.

553.5. (Repealed).

1988, c. 56, s. 1; 1995, c. 18, s. 80.

553.6. (Repealed).

1988, c. 56, s. 1; 1993, c. 72, s. 20; 1995, c. 18, s. 80.

553.7. (Repealed).

1988, c. 56, s. 1; 1995, c. 18, s. 80.

553.7.1. (Repealed).

1993, c. 72, s. 20; 1995, c. 18, s. 80.

553.8. (Repealed).

1988, c. 56, s. 1; 1995, c. 18, s. 80.

553.9. (Repealed).

1988, c. 56, s. 1; 1988, c. 51, s. 108; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1995, c. 18, s. 80.

553.10. (Repealed).

1988, c. 56, s. 1; 1995, c. 18, s. 80.

CHAPTER II

GENERAL RULES AS TO COMPULSORY EXECUTION

554. Judgments containing a condemnation cannot be executed except by a bailiff, sheriff or a sheriff\'s officer in virtue of a writ in the name of the Sovereign.

Unless specifically otherwise provided, any sheriff or bailiff may execute a writ anywhere in Quebec.

The taxable costs of execution are the costs chargeable by a bailiff pursuant to the regulation made under section 13 of the Court Bailiffs Act (chapter H-4.1).

1965 (1st sess.), c. 80, a. 554; 1966, c. 21, s. 10; 1979, c. 37, s. 30; 1982, c. 32, s. 48; 1989, c. 6, s. 3; 1989, c. 57, s. 37; 1995, c. 41, s. 19.

555. The writ must mention the date of the judgment to be executed and the amount of the condemnation; it is prepared by the seizing creditor, and signed and issued by the clerk of the district where the judgment was rendered.

1965 (1st sess.), c. 80, a. 555; 1979, c. 37, s. 31; 1992, c. 57, s. 420.

556. On proof that a writ of execution has been lost or destroyed, the clerk may issue a new one or, if a seizure has already been made, a writ commanding the competent officer to sell the property seized.

The clerk may also issue the last-named writ where the seizure was made before the judgment to be executed was rendered.

1965 (1st sess.), c. 80, a. 556; 1987, c. 48, s. 3; 1992, c. 57, s. 420.

557. In the event of the death of the debtor, the execution commenced upon his property is continued upon the property of his succession.

If execution has not been commenced against the debtor, a judgment cannot, on pain of nullity, be executed against the debtor\'s heirs or legatees by particular title or against the liquidator of the succession until 10 days after service. Where service is made upon the liquidator or, if he is unknown, upon the heirs or legatees by particular title according to article 133, the execution is limited to the property of the succession.

1965 (1st sess.), c. 80, a. 557; 1992, c. 57, s. 299; 1999, c. 40, s. 56.

558. A judgment rendered against the representative of an incapable person in that capacity cannot be executed against the incapable person when he has become capable until 10 days after it has been served upon him.

1965 (1st sess.), c. 80, a. 558.

559. A judgment rendered in favour of a legal representative may be executed in his name, even after his functions have terminated. In such case the writ must contain the name and address of the person upon whose requisition it was issued.

1965 (1st sess.), c. 80, a. 559.

560. A judgment which does not order a thing purely personal to the creditor may be executed in his name even after his death; but, if any contestation arises upon the execution, his representatives must intervene.

1965 (1st sess.), c. 80, a. 560.

561. When the judgment orders the performance of any physical act, the officer charged with its execution may use force if necessary for that purpose, observing all prescribed formalities.

1965 (1st sess.), c. 80, a. 561.

562. The first seizure in execution of a judgment must be preceded by a demand of payment, when it is made at the debtor\'s domicile or residence or in his presence, and mention of such demand must be made in the minutes of seizure.

1965 (1st sess.), c. 80, a. 562.

563. Any contestation of a seizure of property in execution is within the jurisdiction of the court which rendered the judgment.

1965 (1st sess.), c. 80, a. 563; 1992, c. 57, s. 300.

564. Incidental applications relating to the execution of judgments are made by way of a motion in accordance with articles 78 and 88.

Unless otherwise provided, the special clerk is competent to hear such applications if they are not contested.

1965 (1st sess.), c. 80, a. 564; 1988, c. 21, s. 66; 1992, c. 57, s. 301.

CHAPTER III

COMPULSORY EXECUTION IN MOVABLE OR IMMOVABLE REAL ACTIONS

565. When a party condemned to deliver or surrender property, movable or immovable, fails to do so within the prescribed time, the plaintiff may be placed in possession in virtue of a writ ordering that the defendant be expelled or that the property be taken from him, as the case may be.

In no case may a writ of expulsion be executed on a Saturday or on a non-juridical day, nor unless prior notice of at least two clear juridical days has been served on the defendant. A judge may, however, give an authorization written and signed with his own hand to disregard a requirement of this paragraph.

1965 (1st sess.), c. 80, a. 565; 1986, c. 55, s. 6; 1999, c. 40, s. 56; 1999, c. 46, s. 13.

566. The officer entrusted with the execution of the writ must be accompanied by a witness, and must draw up a minute of his proceedings.

1965 (1st sess.), c. 80, a. 566.

567. Contestations on the execution of a writ issued under article 565 are subject to the rules and time limits provided for the contestation of a seizure in execution.

1965 (1st sess.), c. 80, a. 567; 1999, c. 40, s. 56.

CHAPTER IV

COMPULSORY EXECUTION IN PERSONAL ACTIONS

SECTION I

GENERAL PROVISIONS

568. A judgment for the payment of a sum of money cannot be executed before the expiry of the time limit for appeal; if it is not susceptible of appeal or was rendered by default to appear or to plead, it becomes executory after the expiry of 10 days from the date thereof.

Nevertheless, the creditor may, upon motion accompanied by an affidavit alleging circumstances under which a writ of seizure before judgment might issue, obtain from a judge authorization to seize before the expiry of such time, but the sale of the property seized cannot take place any sooner than if the writ of execution had issued after the expiry of the time limit for appeal.

1965 (1st sess.), c. 80, a. 568; 1999, c. 40, s. 56.

569. A creditor may seize and sell the movable property of his debtor which is in the possession of the latter, that in his own possession and that in the possession of third parties who consent thereto.

He may, in all cases, seize by garnishment in the hands of a third party sums and effects due or belonging to the debtor.

He may also seize in execution the immovable property in the possession of the debtor.

1965 (1st sess.), c. 80, a. 569; 1992, c. 57, s. 302.

570. Bonds, debentures, promissory notes and other instruments payable to order or to bearer, and currency, may be seized like other movable property; shares of corporations are seized in accordance with the provisions of Section III of this chapter.

1965 (1st sess.), c. 80, a. 570.

571. Movables which are immovables by virtue of article 903 of the Civil Code can only be seized with the immovable to which they are attached or joined; they may, however, be seized separately by a prior or hypothecary creditor, or by another creditor if they do not belong to the owner of the immovable.

1965 (1st sess.), c. 80, a. 571; 1992, c. 57, s. 303.

572. A creditor may exercise at the same time the different means of execution allowed him by law.

If he has caused the movable and the immovable property of the debtor to be seized under the same writ, he cannot proceed to the sale of the immovables until after the movable property has been discussed.

1965 (1st sess.), c. 80, a. 572.

573. When the creditor has received part of his judgment claim, he must make mention of it on the back of the writ of execution.

1965 (1st sess.), c. 80, a. 573.

574. Unless the judgment debtor consents, the sale must not proceed beyond the amount necessary to pay the debt in principal, interest and costs. To this end the debtor has a right to determine the order in which the property seized is put up for sale.

1965 (1st sess.), c. 80, a. 574.

575. If the things seized are wholly or partly of a perishable nature or liable to depreciate rapidly, or if the cost of their custody or maintenance is out of proportion to their value, the judge may order them to be sold forthwith without other formalities than those that he prescribes, and the proceeds of the sale deposited in court.

1965 (1st sess.), c. 80, a. 575.

576. All proceedings relating to the compulsory execution of judgments are heard and decided by preference.

1965 (1st sess.), c. 80, a. 576.

577. The adjudication of property under execution transfers the ownership thereof to the purchaser from its date.

1965 (1st sess.), c. 80, a. 577.

578. When the insolvency of the debtor is alleged, the distribution of the moneys levied cannot take place until his creditors generally have been called in by public notice given in accordance with article 139.

The distribution is made pro rata between the ordinary creditors who have filed their claims, which must state the name, occupation and residence of the claimant and the nature and amount of his claim, and be supported by an affidavit that the amount claimed is due, and by vouchers if any.

1965 (1st sess.), c. 80, a. 578.

579. In a seizure of movable property, a judge may, on motion, give such orders as are necessary to render effective the execution, even if they derogate from any provision of articles 605, 606, 608 and 610; he may also authorize the seizing officer, or any other person, to sign any documents upon which the debtor\'s signature may be required in order to complete the sale or perfect the title of the purchaser.

1965 (1st sess.), c. 80, a. 579.

SECTION II

SEIZURE IN EXECUTION OF MOVABLE PROPERTY

§ 1. — Seizure

580. The writ of seizure of movable property in execution orders the competent officer to levy against the movable property of the debtor the amount of the debt in principal, interest and costs, including those of the execution.

1965 (1st sess.), c. 80, a. 580.

580.1. The writ must also contain, in easily legible type, the text determined by the Minister of Justice.

1975, c. 83, s. 30; 2002, c. 7, s. 99.

580.2. The seizing officer must, before making the seizure, read the text provided for in article 580.1 to the debtor if he is present.

1975, c. 83, s. 30.

581. The seizure cannot be made on a non-juridical day, or between 8:00 p.m. and 7:00 a.m., except, in cases of fraudulent removal or when the property is found upon the highway, or with the leave of the clerk, obtained without formality and written on the original and the copies of the writ.

A seizure not completed by 8:00 p.m. may be continued on the following juridical day, upon affixing seals or placing guards.

However, on premises used for commercial, industrial or professional purposes, a seizure begun during legal hours may be continued after such hours and without formality, if the seizing officer considers it necessary in the interest of the parties.

1965 (1st sess.), c. 80, a. 581; 1975, c. 83, s. 31; 1992, c. 57, s. 420.

582. If the seizing officer cannot have the doors opened or if he finds some object locked, he must draw up a minute of the fact and on being shown the minute the clerk may order the opening to be effected by all necessary means in the presence of two witnesses. The order must appear on the original of the minute, which must then be filed in the office of the court. An entry of the order must also be made on the copies of the writ.

By the order provided for in the first paragraph, and without other formality, the seizing officer is authorized to open, by all necessary means, any locked or bolted door of a room situated on the premises or in a dependency, in the presence of two witnesses.

1965 (1st sess.), c. 80, a. 582; 1975, c. 83, s. 32; 1983, c. 28, s. 22; 1992, c. 57, s. 420.

582.1. The leave and the order provided for by articles 581 and 582 may be obtained from the clerk of the district of the place in which the seizure is made, if such district is not that is which the writ was issued.

1975, c. 83, s. 33; 1992, c. 57, s. 420.

583. Subject to articles 583.1 and 583.3, the seizing officer must entrust the property seized to the debtor, who must accept it. If the debtor is a legal person, the seizing officer may entrust the property to the senior officers or to one of them.

The debtor so constituted guardian cannot remove or damage the property, on pain of contempt of court and damages.

1965 (1st sess.), c. 80, a. 583; 1975, c. 83, s. 34; 1977, c. 73, s. 19; 1992, c. 57, s. 304.

583.1. The judge or the clerk may, upon request of the seizing creditor, order that the property seized or to be seized be entrusted in whole or in part to a guardian other than the debtor, if it is impossible to entrust it to the debtor or for any other cause considered sufficient.

1975, c. 83, s. 34; 1977, c. 73, s. 20; 1992, c. 57, s. 420.

583.2. The guardian, if he or she is not the debtor, must be solvent.

The seizing creditor, his or her attorney, the seizing officer and their own spouses, relatives or connections to the degree of first cousin are not qualified to act as guardian.

1975, c. 83, s. 34; 1977, c. 73, s. 21; 2002, c. 6, s. 102.

583.3. If the property seized or to be seized is in possession of the seizing creditor or of a third person who consents to the seizure and such possessor is solvent, the seizing officer is not bound to entrust the property seized to the debtor and may appoint such possessor guardian.

1977, c. 73, s. 22; 1983, c. 28, s. 23.

584. The judge or clerk may, in the interest of the parties and upon application of the seizing creditor or of the guardian other than the debtor, authorize such guardian to remove the property seized or to be seized to keep it in his charge, to place guards or to place it under lock and key.

1965 (1st sess.), c. 80, a. 584; 1975, c. 83, s. 35; 1977, c. 73, s. 23; 1992, c. 57, s. 420.

585. If the guardian other than the debtor becomes insolvent or requests his discharge because the sale has not taken place on the date mentioned in the minutes of seizure or for any other cause considered sufficient, the judge or the clerk may permit that he be replaced; if a new guardian is appointed, the property seized is then placed under his care by the seizing officer, who makes a verification thereof and draws up minutes of the whole.

1965 (1st sess.), c. 80, a. 585; 1975, c. 83, s. 36; 1977, c. 73, s. 24; 1992, c. 57, s. 420.

586. If the seizing officer cannot find a solvent guardian, he may, after serving the minutes of seizure upon the debtor, remove the things to a place of safety, until he obtains such a guardian.

1965 (1st sess.), c. 80, a. 586.

587. The officer who finds that property already under seizure has been placed under the care of a guardian other than the debtor must appoint the same guardian, who must accept such appointment.

However, if such guardian is not sufficiently solvent in regard to the amount of the debt, the officer may, with the authorization of the clerk, appoint a new guardian. Such appointment discharges the first guardian.

Notice of the second seizure and, as the case may be, of the application for the appointment of a new guardian, must be given forthwith to the first seizing officer and to the first seizing creditor, who may oppose such application.

1965 (1st sess.), c. 80, a. 587; 1975, c. 83, s. 37; 1977, c. 73, s. 25; 1992, c. 57, s. 420.

588. If there has been an attachment before judgment, no verification is necessary, but it is sufficient to give notice to the debtor and to the guardian of the place, day and hour of sale, as prescribed in article 592 and to publish or post the notice required by article 594.

1965 (1st sess.), c. 80, a. 588.

589. The seizing officer may at any time demand from the seizing creditor advances of money, fixed by the clerk, to cover the costs of safekeeping; if such advances are not paid, the seizure is discharged.

However, where the Minister of Revenue acts as seizing creditor pursuant to the Act to facilitate the payment of support (chapter P-2.2), no advance of money may be demanded by the seizing officer.

1965 (1st sess.), c. 80, a. 589; 1982, c. 32, s. 49; 1992, c. 57, s. 420; 1995, c. 18, s. 81.

590. The seizure is recorded in minutes prepared by the seizing officer and containing:

(a) the date and nature of the writ of execution;

(b) the day and hour of the seizure;

(c) a description of the things seized, and, in the case of items of merchandise, their quantity, weight and measure;

(d) the name and signature of the guardian, and, in the case of article 582, the signatures of the witnesses;

(e) a list and the market value of the movable property left to the debtor in accordance with article 552, where the value of the things seized is insufficient to pay the claim of the seizor.

The debtor, if present, must be called upon to sign the minutes which must mention that he was so called upon, and what answer he made, or that he was absent.

1965 (1st sess.), c. 80, a. 590; 1992, c. 57, s. 305.

591. If currency is seized, the number and denominations of the coins and notes must be mentioned in the minutes, and it must forthwith be deposited in court.

1965 (1st sess.), c. 80, a. 591.

592. The seizing officer prepares his minutes in triplicate; he indicates on each triplicate the place, day and hour of the sale, except in the cases to which articles 592.2 to 592.4 apply.

He gives a triplicate of the minutes to the debtor, together with a copy of the writ and, as the case may be, a copy of the authorization obtained for the appointment of a guardian.

If a guardian other than the debtor has been appointed, the officer gives a triplicate of the minutes to such guardian, together with a copy of the order for his appointment.

1965 (1st sess.), c. 80, a. 592; 1975, c. 83, s. 38; 1992, c. 57, s. 306.

592.1. If the debtor has no known residence, domicile or business establishment in the district in which the judgment was rendered, the seizing officer may serve the documents provided for in article 592 upon him at his last known address in Quebec or send them to him by registered or certified mail.

If the debtor has no known address in Quebec, the documents are left at the office of the court.

1975, c. 83, s. 38; 1999, c. 40, s. 56.

592.2. Where the property seized is the property of an enterprise and includes a property or a group of properties of which the market value is estimated to be $6,000 or more according to the valuation of the seizing officer, the seizing officer must obtain from the registrar a certified statement of the rights granted by the debtor on the property or group of properties and registered in the register of personal and movable real rights.

Where the property seized is not the property of an enterprise, the seizing officer must also obtain such a certified statement if the property includes a road vehicle or other movable property, or a group of such properties, which, according to the regulation under article 2683 of the Civil Code, may be hypothecated and of which the market value is estimated to be $1,000 or more according to the valuation of the seizing officer.

1992, c. 57, s. 307; 1998, c. 5, s. 21.

592.3. Where the seizing officer ascertains that rights have been granted by the debtor in the seized property, he must, under penalty of all damages, promptly serve on the holders of published rights, at the address registered in the register of personal and movable real rights, a certified copy of his minutes of seizure and the notice of sale; he must also inform the seizing creditor of the existence of the rights granted by the debtor.

1992, c. 57, s. 307.

592.4. Where seized property is charged with a hypothec, the seizing creditor, a creditor or the debtor may apply to the court or to the judge for the fixation of a reserve price or the determination of any other condition of sale he considers necessary.

The application must be brought within five days after the service of a certified copy of the minutes of seizure. The application is served on the seizing officer and, where applicable, on the seizing creditor, the debtor and any other creditor having received a copy of the minutes of seizure; unless the court decides otherwise, the costs are borne by the applicant. The decision of the court on the application is without appeal.

Unless the court or the judge decides otherwise, the application stays execution for as long as the application is pending.

1992, c. 57, s. 307.

593. The property must be sold at the place where it has been seized or where the guardian has deposited it, unless the clerk has authorized the seizing officer to sell it in whole or in part at a more suitable place.

1965 (1st sess.), c. 80, a. 593; 1992, c. 57, s. 420.

594. The seizing officer must publish in a newspaper distributed in the locality where the sale is to take place, not less than 10 days before the date fixed for the sale, a notice of sale containing

(a) the case number and the nature of the writ;

(b) the names of the seizing creditor and the debtor; if there are several seizing creditors or debtors, the name of the first appearing in the writ, with an indication that there are others;

(c) the nature of the seized property;

(d) the reserve price, if any;

(e) the place, day and hour of the auction sale of the property;

(f) the name of the seizing officer and the district where he performs his duties.

If publication in a newspaper is impossible or impractical, the notice is posted in the territory of the municipality where the sale is to take place, at the entrance of the office of the municipality or at any other public place determined by the seizing officer.

1965 (1st sess.), c. 80, a. 594; 1977, c. 73, s. 26; 1992, c. 57, s. 308; 1996, c. 2, s. 215.

594.1. The seizing officer must, where he ascertains that rights have been granted by the debtor in the seized property, serve on the person from whom it was seized, without delay, a certified copy of the notice of sale.

1992, c. 57, s. 308.

595. (Repealed).

1965 (1st sess.), c. 80, a. 595; 1975, c. 83, s. 39; 1992, c. 57, s. 309.

595.1. Notwithstanding the provisions of this Code, particularly of articles 593, 594, 605, 606, 611 and 613, property seized in a judicial district designated by regulation of the Government may be sold at the place and in accordance with the formalities, terms and conditions prescribed by such regulation.

1975, c. 83, s. 40; 1992, c. 57, s. 310.

§ 2. — Opposition to Seizure in Execution

596. The debtor may by opposition demand the nullity in whole or in part of a seizure in execution:

(1) on the ground of an irregularity in the seizure, which causes him a serious prejudice, saving the power of the court to authorize the seizing creditor to remedy the irregularity, if possible;

(2) on the ground of the property being exempt from seizure;

(3) on the ground of the extinction of the debt;

(4) on any other ground of a nature to affect the judgment sought to be executed.

1965 (1st sess.), c. 80, a. 596.

597. The opposition may also be taken by a third party who has a right to revendicate any part of the property seized.

1965 (1st sess.), c. 80, a. 597.

598. The motion to oppose must be served on the seizing officer, on the seizing creditor and, where it is presented by a third person, on the debtor; it must also be served on any person having registered, in the register of personal and movable real rights, rights on the property that is the subject of the opposition.

A motion to oppose in matters concerning support is heard and decided by preference.

1965 (1st sess.), c. 80, a. 598; 1980, c. 21, s. 5; 1992, c. 57, s. 311.

599. The service of the motion to oppose stays the execution; the seizing officer must forthwith return the writ of execution to the clerk who issued it, together with all proceedings relating to the execution. However, in the case of a seizure under article 641, the service of the motion to oppose suspends only the distribution of the sums seized.

Notwithstanding the first paragraph, service of the motion to oppose a seizure under article 640.1, 641 or 651.1 for the execution of a judgment awarding support does not suspend the distribution of the sums of money seized, unless, on exceptional grounds, a judge acting in chambers orders such distribution suspended.

If, however, the opposition is founded on grounds which only go to reduce the amount claimed, or to withdraw from seizure a part of the property seized, the seizing officer is bound, unless a judge has ordered all proceedings to be stayed, to proceed with the execution in virtue of a copy, prepared by him, of the writ and of the minutes of seizure, either to satisfy the uncontested part of the claim, or to sell the property against which the opposition is not directed.

1965 (1st sess.), c. 80, a. 599; 1992, c. 57, s. 312; 1993, c. 72, s. 22.

600. (Repealed).

1965 (1st sess.), c. 80, a. 600; 1969, c. 81, s. 10; 1992, c. 57, s. 313.

601. (Repealed).

1965 (1st sess.), c. 80, a. 601; 1992, c. 57, s. 313.

602. (Repealed).

1965 (1st sess.), c. 80, a. 602; 1992, c. 57, s. 313.

603. An opposition by a person who has already made an opposition cannot stop the execution, unless it is based on facts which occurred subsequently to the first opposition, and then only upon order of the judge. The application for a suspension of proceedings, which may be made orally, must be preceded by two days\' notice to the seizing creditor, unless the judge dispenses with such notice.

1965 (1st sess.), c. 80, a. 603; 2002, c. 7, s. 100.

604. The creditors of the debtor cannot oppose the seizure or the sale.

However, prior and hypothecary creditors may exercise their rights upon the proceeds of the sale; for that purpose, they file with the seizing officer, within 10 days after the sale, a statement of their claim, supported by an affidavit and the necessary vouchers, which documents must also be served on the debtor. Within 10 days of service of a statement of a prior or hypothecary claim, the debtor may apply to the court or to the judge to contest the claim.

1965 (1st sess.), c. 80, a. 604; 1992, c. 57, s. 314.

§ 3. — Sale of Property Seized

605. A sale of property seized cannot be commenced before 10:00 a.m. or continued after 5:00 p.m.

1965 (1st sess.), c. 80, a. 605.

606. If there is nothing to prevent the sale of the property seized, it takes place on the day and at the hour and place mentioned in the notices.

If the sale could not take place because there was no bidder, by application of articles 610.2 to 610.4 or because of any obstacle subsequently removed, the officer cannot proceed until new notices and publications have been given.

Where the judge has determined a reserve price or a condition of sale pursuant to article 592.4 and no bid has been made, the seizing officer cannot publish new notices of sale until the court or the judge has fixed a new reserve price or modified the condition of sale.

1965 (1st sess.), c. 80, a. 606; 1977, c. 73, s. 27; 1992, c. 57, s. 315.

607. A first seizing creditor who fails to proceed with diligence cannot prevent the sale by a second seizing creditor.

1965 (1st sess.), c. 80, a. 607.

608. At the time fixed for the sale, the guardian is bound to produce all the effects seized which were placed in his charge, on pain of all damages. A debtor who fails to produce the effects left in his charge is also guilty of contempt of court.

1965 (1st sess.), c. 80, a. 608.

609. The guardian has a right to a discharge or receipt for the property which he produces, and the minutes of sale must mention any property which has not been produced.

1965 (1st sess.), c. 80, a. 609.

610. The article seized is adjudged to the highest bidder, subject to payment to the officer conducting the sale. Payment may be made by remitting a sum of money, a money order, a certified cheque or other similar instrument of payment, or by means of a credit card or a transfer of funds to an account of the officer in a financial institution; if payment is not made, the article is immediately put up for sale again. The charges relating to the use of a credit card are paid by the successful bidder.

If there is only one bidder, the article must be adjudged to him.

The officer conducting the sale cannot, either directly or indirectly, bid upon or become purchaser of the property put up for sale.

1965 (1st sess.), c. 80, a. 610; 1984, c. 46, s. 6; 1992, c. 57, s. 316.

610.1. The officer conducting the sale may, in the interest of the creditor and the debtor, fix an opening bid for the property he offers for sale.

1975, c. 83, s. 41.

610.2. Notwithstanding the second paragraph of article 610, if there is only one bid and the amount offered is clearly insufficient in relation to the market value of the property, the officer conducting the sale may, in the interest of the creditor and the debtor, either withdraw the property and put it up for sale again, with or without an opening bid, or terminate the sale of that property.

1975, c. 83, s. 41.

610.3. If the officer conducting the sale considers the number of prospective purchasers insufficient, he may, in the interest of the creditor and the debtor, terminate the sale.

1975, c. 83, s. 41.

610.4. If the officer conducting the sale considers there is collusion between the prospective purchasers or the bidders to limit the number or amount of bids, to the prejudice of the creditor or the debtor, he may either refuse the bid of the highest bidder and withdraw the property, and put it up for sale again, with or without an opening bid, or terminate the sale of that property.

1975, c. 83, s. 41.

610.5. In the application of articles 610.1 to 610.4, the decision of the officer conducting the sale is final. No judicial proceeding may be instituted against him if he acted in good faith in the performance of his duties.

1975, c. 83, s. 41.

611. The officer conducting the sale must make minutes thereof containing a list of the articles put up for sale and, opposite each, the names and residence of the purchaser and the purchase price.

1965 (1st sess.), c. 80, a. 611.

611.1. If the property sold was charged with a hypothec, the seizing officer issues to the successful bidder, on payment of the purchase price, a certificate of sale containing:

(1) The nature of the writ, the case number and the names and designations of the parties;

(2) A description of the property sold;

(3) The date and place of the sale;

(4) The purchase price paid.

The successful bidder acquires the property free from any hypothec.

The seizing officer must also transmit a notice of the certificate of sale to the registrar who shall, where applicable, make the required cancellations.

1992, c. 57, s. 317.

612. No demand to annul or rescind the sale can be received against a purchaser who has paid the price, saving the case of fraud or collusion.

1965 (1st sess.), c. 80, a. 612.

§ 4. — Return of Writ and Distribution

613. Within 10 days after expiry of the time allowed prior or hypothecary creditors to file a statement of their claim, the seizing officer, if no statement has been filed with him, pays to the seizing creditor the moneys seized or levied, after deducting the taxed costs, and files his minutes of seizure and sale at the office of the court.

1965 (1st sess.), c. 80, a. 613; 1975, c. 83, s. 42; 1983, c. 28, s. 24; 1992, c. 57, s. 318.

614. If the seizing officer has ascertained that rights have been granted in the seized property, he prepares a scheme of collocation and serves a certified copy on the debtor and the creditors.

If the scheme is not contested by the debtor or any creditor within 10 days after its service, the seizing officer distributes the moneys. Otherwise, he returns the moneys to be adjudged by the court to those entitled thereto; the same applies in the case of insolvency of the debtor. However, the seizing officer is not required to prepare a scheme of collocation where the moneys levied do not exceed the legal costs.

After the distribution, the seizing officer files his minutes of seizure and sale and the scheme of collocation at the office of the court.

1965 (1st sess.), c. 80, a. 614; 1992, c. 57, s. 318.

615. The distribution of the proceeds of the sale is made in the following order:

(1) Legal costs;

(2) The claims of the prior or hypothecary creditors, if they have filed a statement of their claim supported by an affidavit and the necessary vouchers;

(3) The claim of the seizing creditor, if unsecured.

In the case of insolvency of the debtor, the distribution among unsecured creditors is made in accordance with article 578.

1965 (1st sess.), c. 80, a. 615; 1992, c. 57, s. 318.

616. Legal costs are collocated in the following order:

(1) Costs of the scheme of collocation;

(2) Duties and fees due on the moneys levied or deposited;

(3) Costs of seizure and sale, including those of the guardian appointed by the seizing officer, as well as the guardian\'s remuneration taxed by the clerk;

(4) Costs of incidental proceedings subsequent to the judgment;

(5) Costs of suit of the seizing creditor.

1965 (1st sess.), c. 80, a. 616; 1992, c. 57, s. 318.

616.1. The rules of articles 711 to 732 relating to the scheme of collocation and the payment of the moneys levied following the seizure of immovables in execution apply, with the necessary adaptations, to the seizure of movables in execution; however, the summons provided for in article 723 may in no case require a person to appear before the seizing officer.

1992, c. 57, s. 318.

SECTION III

SEIZURE OF SECURITIES AND SECURITY ENTITLEMENTS TO FINANCIAL ASSETS

617. Securities represented by a certificate are seized by seizure of the certificates, through service of a writ of execution on the person holding the certificates, and notification of the seizure to the issuer or the issuer\'s transfer agent in Quebec.

1965 (1st sess.), c. 80, a. 617; 2008, c. 20, s. 144.

618. Uncertificated securities or security entitlements to financial assets are seized through service of a writ of seizure by garnishment on the issuer or on the securities intermediary that maintains the debtor\'s securities account.

1965 (1st sess.), c. 80, a. 618; 2008, c. 20, s. 144.

619. Uncertificated or certificated securities or security entitlements to financial assets may also be seized through service of a writ of seizure by garnishment on a secured creditor if

(1) the certificates representing the securities are in the secured creditor\'s possession;

(2) the uncertificated securities are registered in the secured creditor\'s name in the issuer\'s records; or

(3) the security entitlements to financial assets are held in the secured creditor\'s name in a securities account maintained by a securities intermediary for the debtor.

1965 (1st sess.), c. 80, a. 619; 2008, c. 20, s. 144.

619.1. The seizure of securities or security entitlements to financial assets entails the seizure of the dividends, distributions and other rights attached.

2008, c. 20, s. 144.

619.2. When securities represented by a certificate are seized, the issuer must declare to the bailiff the number of securities held by the debtor, the extent to which the securities are paid up and the dividends or other distributions declared but not paid.

2008, c. 20, s. 144.

620. Oppositions to the seizure, and contestations of the declaration of the issuer, are subject to the ordinary rules applicable to seizure in execution of movable property and to seizure by garnishment.

1965 (1st sess.), c. 80, a. 620; 2008, c. 20, s. 145.

621. The officer in charge of the sale must conform to the conditions and restrictions to which the transfer of the securities or security entitlements to financial assets is subject under the constituting act and by-laws of the issuer or the instrument governing the securities account maintained by the securities intermediary.

The notices of sale must contain the number and description of the securities or security entitlements and any conditions affecting their transfer.

1965 (1st sess.), c. 80, a. 621; 1992, c. 57, s. 319; 2008, c. 20, s. 146.

622. The sale of securities or security entitlements cannot take place until after the expiry of 30 days from the publication of the notices of sale.

Securities or security entitlements listed and traded upon a recognized stock exchange are sold there through a broker according to the rules and customs of the stock exchange; other securities or security entitlements are sold in the manner provided in the chapter on the seizure in execution of movable property.

The judge may order that the sale be made in one or several blocks.

1965 (1st sess.), c. 80, a. 622; 2008, c. 20, s. 147.

623. If the officer conducting the sale does not have the security certificates in his possession, he must give to the purchaser a statement in writing that the securities therein mentioned have been adjudged to him.

1965 (1st sess.), c. 80, a. 623; 2008, c. 20, s. 148.

624. Subject to the preceding articles, the seizure in execution of securities or security entitlements to financial assets is subject to the rules provided in Sections II and IV of this chapter, so far as they are applicable.

1965 (1st sess.), c. 80, a. 624; 2008, c. 20, s. 149.

SECTION IV

SEIZURE BY GARNISHMENT

§ 1. — General Rules

625. Seizure by garnishment is effected by the service on the garnishee and on the judgment debtor of a writ of seizure by garnishment. The writ orders the garnishee to appear on the day and at the hour fixed to declare under oath what sums of money he owes to the debtor or will have to pay him and what movable property he has in his possession belonging to him, and not to dispossess himself thereof until the court has pronounced upon the matter. The writ also summons the debtor to appear on the day fixed and show cause why the seizure should not be declared valid.

If the debtor has no known domicile, residence or business establishment in the district where judgment was rendered, the writ is served upon him at the office of the court.

1965 (1st sess.), c. 80, a. 625; 1992, c. 57, s. 320; 1999, c. 40, s. 56.

not in force

625.1. A writ of seizure by garnishment for the execution of a judgment awarding support may be served by registered or certified mail.

1988, c. 56, s. 2.

626. The effect of seizure by garnishment is to place under judicial control the sums of money and movable property belonging to the debtor and to make the garnishee the guardian thereof.

1965 (1st sess.), c. 80, a. 626.

627. The debtor may, within five days from his appearance, by motion, oppose the seizure by garnishment and ask that it be declared null.

1965 (1st sess.), c. 80, a. 627.

628. The garnishee must make his declaration under oath before the clerk of the district where the writ issued. The garnishee may, after giving notice to the seizing creditor and judgment debtor, make his declaration before the day mentioned in the writ, and, if he has not been tendered his travelling expenses, he may even make it before the clerk of the district where he resides, and forthwith transmit it to the clerk of the district where the writ issued.

1965 (1st sess.), c. 80, a. 628; 1992, c. 57, s. 420.

629. The declaration of a legal person, a general or limited partnership or an association within the meaning of the Civil Code must be made by an attorney in virtue of a general or special power. That of a natural person may be made by an attorney in virtue of a special power; but in such case the seizing creditor may thereafter obtain from the clerk an order for the personal appearance and examination of the garnishee.

The declaration of a municipality may be made by its treasurer or its clerk or secretary-treasurer without a power of attorney; the declaration of a school board may be made by its director general without a power of attorney.

1965 (1st sess.), c. 80, a. 629; 1966, c. 21, s. 11; 1988, c. 84, s. 553; 1992, c. 57, s. 321, s. 420; 1999, c. 40, s. 56.

630. The garnishee must declare the amount, cause and conditions of his indebtedness to the debtor at the time of the service of the writ upon him and of any indebtedness that has since accrued. He must if necessary furnish a detailed statement of the movable property in his possession belonging to the debtor, and declare by what title he holds it. He must in all cases declare any other seizures made in his hands.

1965 (1st sess.), c. 80, a. 630.

631. A company, not incorporated by royal charter or by virtue of an act of the Parliament of Canada or of the Parliament of Quebec, must, if the amount that it owes the judgment debtor is not sufficient to satisfy the judgment, declare, besides the amount of its present indebtedness to the debtor, the latter\'s interest, if any, in the company. The seizure remains binding and if the company again becomes indebted to the judgment debtor, or is dissolved, the garnishees must make a new declaration, in default of which they become subject to the same responsibility as a garnishee who fails to make his declaration.

In order to render such seizure effectual, the judge may order the production of such books, documents and statements, allow the examination of such witnesses, and give such other orders, as he deems necessary.

1965 (1st sess.), c. 80, a. 631; 1968, c. 9, s. 90; 1992, c. 57, s. 322.

632. The garnishee, when he makes his declaration, may be questioned by the seizing creditor and the debtor, and, with the permission of the judge, be required to produce any document tending to prove that he is indebted to the debtor.

Any difficulty that arises during the examination must be submitted forthwith to the judge in chambers for decision.

1965 (1st sess.), c. 80, a. 632.

633. The garnishee is entitled to be taxed as a witness, and he may retain the amount of the taxation out of the sums which he owes. If he owes nothing, such taxation may be enforced by execution against the seizing party.

1965 (1st sess.), c. 80, a. 633.

634. Any garnishee who fails to declare or deposit pursuant to article 641 is, upon inscription for judgment, condemned as personal debtor of the seizing creditor to the payment of his claim, provided that the writ has been served upon him in the manner provided in the second paragraph of article 123 or in articles 129 and 130 or, if the writ has been served by mail, service has been proved in accordance with the second paragraph of article 146.

If the seizing creditor fails to inscribe for judgment within 10 days, the debtor may do so himself and execute the judgment in the name of the seizing creditor, or he may demand the dismissal of the seizure with costs against the seizing creditor.

A garnishee may, however, obtain leave to declare or deposit at any time, even after judgment, upon payment of the sums he should have withheld and deposited since the service of the writ of seizure and of all costs incurred by his default.

1965 (1st sess.), c. 80, a. 634; 1980, c. 21, s. 6; 1993, c. 72, s. 9.

635. The seizing creditor or the debtor may contest the garnishee\'s declaration within 10 days from the declaration or from the judgment rendered upon an opposition to the seizure by garnishment.

1965 (1st sess.), c. 80, a. 635.

636. If a garnishee declares that he is not indebted to the debtor, and he cannot be proved to be so, he, or the debtor, may obtain from the clerk a discharge from the seizure with costs against the seizing party.

1965 (1st sess.), c. 80, a. 636; 1992, c. 57, s. 420.

637. If the affirmative declaration of the garnishee is not contested and does not show the existence of another seizure by garnishment in his hands, the clerk, upon an inscription by either party, orders the garnishee to pay to the seizing creditor the amounts which he owes to the judgment debtor to the extent of the amount of the judgment in capital, interest and costs. To that extent the order of the clerk effects an assignment, in favour of the seizing creditor, of the judgment debtor\'s claim, from the date of the seizure. Such order must be served on the garnishee and becomes executory 10 days later.

1965 (1st sess.), c. 80, a. 637; 1992, c. 57, s. 420.

638. If the garnishee declares that he has in his possession movable property, the judgment orders that it be sold, and the garnishee must deliver it to the officer charged with selling it. In the case of currency, bank notes, current moneys, negotiable securities or titles of debt payable to bearer, the garnishee may be ordered to deposit them in the office of the court, or to deliver them to a designated person, according to circumstances.

The proceeds of sale of the movable property are distributed in the manner prescribed in articles 613 to 616.

1965 (1st sess.), c. 80, a. 638.

639. If the debt of the garnishee is payable at a future time, the clerk orders him to pay at maturity in accordance with the provisions of article 637 or article 638, as the case may be. If it is subject to a condition or to the performance by the debtor of an obligation, the clerk may, upon motion of the seizing creditor, declare the seizure binding until such condition is fulfilled or such obligation is executed.

1965 (1st sess.), c. 80, a. 639; 1992, c. 57, s. 420.

640. If there are several seizures by different unsecured creditors in the hands of the same garnishee, each seizing creditor has a preference over later seizing creditors according to the date of service of the writ of seizure by garnishment, unless the insolvency of the common debtor has been alleged; in the latter case the creditors are called in upon the first seizure in the manner provided in article 578.

1965 (1st sess.), c. 80, a. 640.

§ 1.1. — Special Rules as to Seizure by Garnishment under the Family Orders and Agreements Enforcement Assistance Act (Revised Statutes of Canada, 1985, chapter 4, 2nd Supplement)

640.1. Seizure by garnishment under the Family Orders and Agreements Enforcement Assistance Act (Revised Statutes of Canada, 1985, chapter 4, 2nd Supplement) is effected by serving a writ of seizure by garnishment on the garnishee and on the debtor. The writ orders the garnishee to respond in accordance with the said Act and to deposit, with the clerk of the judicial district where the writ was issued, the seizable part of the sums of money owed or that will become payable by it to the debtor in accordance with the said Act.

The seizure has effect for arrears as well as for payments to become due.

1988, c. 17, s. 5; 1992, c. 57, s. 420; 1995, c. 39, s. 7.

640.2. The debtor, by motion, may oppose the seizure by garnishment within 10 days after the writ is served on him.

The opposition must be served on the seizing creditor and on the garnishee, by personal service or by registered or certified mail.

1988, c. 17, s. 5.

640.3. If no opposition to the seizure has been filed and no release has been given, the clerk pays the moneys received to the seizing creditor up to the amount due. Any remaining balance is remitted to the debtor.

1988, c. 17, s. 5; 1992, c. 57, s. 420.

640.4. Where a seizure is binding and a judgment is rendered which amends the writ or revises the judgment awarding support, the seizing creditor must prepare the amendments to the writ and request that the clerk sign and issue the amended writ and serve it upon the other parties.

The debtor may make the request, with costs against the seizing creditor, if the latter does not do so within 10 days of the judgment.

1988, c. 17, s. 5; 1992, c. 57, s. 420.

640.5. A writ of seizure by garnishment may be served by registered or certified mail. Service upon a garnishee by the Minister of Revenue or by the clerk may also be made by ordinary mail.

1995, c. 39, s. 8; 1995, c. 18, s. 100.

§ 2. — Special Rules as to the Seizure of Salaries and Wages

641. If salaries and wages are seized by garnishment, the writ must mention the debtor\'s residence, the nature of his employment and the place where he works, if the seizing creditor knows them.

The writ orders the garnishee to declare to and deposit with the clerk, within 10 days following the service of the writ, personally or by registered or certified mail, the seizable portion of what he owes the seized debtor, to declare and deposit again in the same manner every month and to serve a copy of his first declaration on the seizing creditor, by registered or certified mail. A copy of such declaration must also be served, in the same manner, on the debtor by the seizing creditor and proof of the service must be filed in the office of the court.

If the debtor leaves his employ, the garnishee must forthwith so declare.

The seizure remains binding for the seizable portion thereof, so long as the debtor remains in his employment and all the claims filed by his creditors have not been paid.

1965 (1st sess.), c. 80, a. 641; 1975, c. 83, s. 43; 1979, c. 37, s. 32; 1981, c. 14, s. 14; 1992, c. 57, s. 420.

641.1. Where a seizure by garnishment takes place for the execution of a judgment awarding support or if a claim to that effect is filed in the record of a seizure by garnishment, the seizure has effect for payments to become due as well as for arrears, as indexed, if such is the case, and it remains binding until release is given.

Except if the Minister of Revenue is acting in the capacity of claimant or seizing creditor pursuant to the Act to facilitate the payment of support (chapter P-2.2), if there is no other claim in the record and if execution has not been suspended in accordance with article 659.5, no release may be given until one year after the arrears of support, including all arrears accrued from the time of the seizure, have been paid.

1980, c. 21, s. 7; 1995, c. 18, s. 82.

641.2. If a judgment amends the amount of support while a seizure is binding or its execution is suspended in accordance with article 659.5, the amount of the seizure or of the claim of the person entitled to support is amended accordingly, of right, from the service of the judgment on the clerk, which may be made by registered or certified mail.

1980, c. 21, s. 7; 1981, c. 14, s. 15; 1992, c. 57, s. 420.

641.3. The debtor may, personally or by registered or certified mail, oppose the seizure by garnishment within 10 days following the service of the copy of the first declaration of the garnishee. He forwards a copy of the opposition to the seizing creditor and the garnishee, within the same time and in the same manner.

1979, c. 37, s. 33; 1980, c. 21, s. 8; 1981, c. 14, s. 16; 1999, c. 40, s. 56.

642. A creditor who has been notified by registered or certified mail of the seizure by garnishment of the salary or wages of his debtor cannot, so long as it remains binding, himself seize such salary or wages.

Neither can he execute his judgment on the movable property which furnishes the main residence of his debtor, and is used by and is necessary for the life of the household, except for sums owing on the price or in the exercise of a right of revendication.

1965 (1st sess.), c. 80, a. 642; 1975, c. 83, s. 44; 1992, c. 57, s. 323.

643. While the seizure remains binding, any creditor may file his claim after having served a copy thereof on the debtor, the seizing creditor and the garnishee, by registered or certified mail.

The claim, supported by affidavit, must set forth the nature, date and amount of the debt and be accompanied with supporting documents.

Any claim not duly served is null, as is a claim not accompanied by supporting documents, unless the creditor establish to the satisfaction of the judge that he is unable to file them.

1965 (1st sess.), c. 80, a. 643; 1975, c. 83, s. 45; 1995, c. 18, s. 83.

644. From the date of filing, the claim bears interest at the legal rate only.

The clerk shall refuse any claim or part of a claim which concerns the difference between the rate of interest agreed between the parties and the rate provided for in this article, for any period during which the latter rate applies.

1965 (1st sess.), c. 80, a. 644; 1966, c. 21, s. 12; 1987, c. 63, s. 3; 1992, c. 57, s. 420.

645. Any interested party may file in the office of the court a contestation of the claim of a creditor after having served a copy upon the claimant and the debtor, and such contestation does not suspend the distribution of the moneys deposited, except as to the creditor whose claim is contested; the amounts payable to such creditor must be retained by the clerk until decision thereon.

1965 (1st sess.), c. 80, a. 645; 1992, c. 57, s. 420.

646. The contestation of a claim is heard and decided by preference.

If the amount in contestation exceeds the jurisdiction of the court where the case is pending, the record is transmitted forthwith to the office of the competent court for decision.

1965 (1st sess.), c. 80, a. 646.

647. Ten days after the first garnishee\'s declaration is served on the debtor, the moneys the garnishee has deposited are paid by the clerk to the seizing creditor on written demand, unless an opposition other than an opposition to a seizure for non-payment of support, subject to the second paragraph of article 599, or a claim has been filed.

If a claim has been filed, the clerk, after collocating the seizing creditor for his costs, must distribute among the creditors, in proportion to their claims, the amounts deposited and have sent to each creditor at his last known address the amount to which he is entitled.

However, the clerk must then pay exclusively to the person entitled to support the difference between the moneys seized in accordance with the last paragraph of article 553 and that part of all income that is ordinarily seizable. Furthermore, he must pay to the person entitled to support, out of that part, the amounts required to make the total of the sums distributed to him equal to at least one-half of the moneys deposited every month, up to such amounts as may be due to him, and this does not affect his right to be collocated for his share with the other creditors.

The distribution to the creditors must be made at least once every three months but it must be made at least once every month to the person entitled to support.

No claim by the spouse of the debtor based upon a marriage or civil union contract shall be paid until all other claims have been paid.

When the claims of the seizing creditor and other claimants have been paid, the clerk shall so inform the debtor and the garnishee.

1965 (1st sess.), c. 80, a. 647; 1980, c. 21, s. 9; 1981, c. 14, s. 17; 1992, c. 57, s. 420; 1993, c. 72, s. 11; 2002, c. 6, s. 103.

648. A creditor who, having received the notice provided for in article 642, institutes an action and obtains judgment in accordance with articles 192 and 194, shall not, without permission of a judge of the court which rendered the judgment, recover his costs. Such permission, applied for by motion supported by affidavit and served upon the debtor, shall not be granted unless it is shown to the satisfaction of the judge that the creditor was justified in instituting the action, by reason of the nature of his claim or of other special circumstances. No costs shall be awarded on such motion, unless the debtor contests it.

1965 (1st sess.), c. 80, a. 648; 1969, c. 81, s. 11.

649. If the garnishee declares that the debtor works for him without remuneration, or if the remuneration paid by the garnishee is clearly less than the value of the services rendered, any creditor may, by motion presented five days at least after service upon the debtor and upon the garnishee, apply to a judge to value the debtor\'s services and fix an adequate remuneration therefor; such remuneration shall be deemed to be that of the debtor from the date of the application until it is shown that the amount so fixed should be changed. The decision of the judge shall be without appeal.

1965 (1st sess.), c. 80, a. 649.

650. No employer shall, on pain of all damages, dismiss or suspend an employee merely because his salary or wages have been seized by garnishment. When an employee is dismissed or suspended while his salary or wages are seized by garnishment, there shall be a presumption that he has been dismissed or suspended because of such seizure by garnishment, and it shall be incumbent upon the employer to prove that the employee has been dismissed or suspended for another fair and sufficient reason.

1965 (1st sess.), c. 80, a. 650; 1969, c. 81, s. 12.

§ 2.1. — Special rules applicable to certain income

651. The judge may, upon the motion of a creditor holding an executory judgment, served on the debtor not less than five days before the day fixed for its presentation, order the debtor to appear in person to declare the amount of the work income which he earns as a self-employed worker or which is paid to him by an employer not resident in Quebec and order him to deposit in the office of the court a portion of that income determined pursuant to the provisions of article 553.

The provisions of articles 641.1, 641.2 and 642 to 647 apply, adapted as required.

If the debtor does not appear in person to declare his work income, the provisions of article 284 apply to him.

If subsequently he does not regularly deposit the portion of his work income contemplated in the first paragraph, he is guilty of contempt of court.

1965 (1st sess.), c. 80, a. 651; 1969, c. 80, s. 11; 1969, c. 81, s. 13; 1992, c. 57, s. 324; 1993, c. 72, s. 23.

651.1. The provisions of articles 641 to 647, adapted as required, apply to the execution of a judgment awarding support by way of the seizure by garnishment of the amounts referred to in subparagraphs 4, 6, 7 and 8 of the first paragraph of article 553 and of the periodic benefits granted under an Act in respect of a retirement plan or a compensation plan.

1993, c. 72, s. 13.

§ 3. — Voluntary Deposit

652. No one may seize by garnishment the salary or wages of his debtor who, having produced in any office of the Court of Quebec of the place of his domicile, residence or employment, a declaration in conformity with article 653, deposits regularly the seizable portion of his remuneration within five days following each payment thereof; nor may anyone seize the movable property which furnishes the main residence of his debtor, and is used by and is necessary for the life of the household, except for sums owing on the price or in the exercise of a right of revendication.

When, as a result of a change of domicile, residence or employment, the debtor produces a new declaration in a district other than that in which he previously deposited, the clerk who received such declaration shall give notice thereof to the clerk of the district in which the deposits were previously made; the latter shall then distribute forthwith the moneys in his possession and shall transmit the record to the clerk from whom he received the notice.

1965 (1st sess.), c. 80, a. 652; 1988, c. 21, s. 66; 1992, c. 57, s. 325.

653. The declaration contemplated by article 652 must be made under oath by the debtor and must contain:

(a) the address of his residence and the designation of his employer or, if he is unemployed, that of his last employer;

(b) the amount of his remuneration and the date when it is paid to him;

(c) his family responsibilities, determined as provided in article 553;

(d) a list of his creditors with their addresses and the nature and amount of their claims.

1965 (1st sess.), c. 80, a. 653; 1969, c. 81, s. 14.

653.1. Article 652, adapted as required, also applies to a self-employed worker who, every three months, produces a declaration in any office of the Court of Quebec of the place of his domicile, residence or work and who monthly deposits the seizable portion of his earned income, after deducting the expenses relating to his work, the seizable portion being computed in the same manner as the seizable portion of salary or wages.

Each declaration must be made under oath and contain a statement of his income and of the expenses relating to his work for the three preceding months. The first declaration must also contain the information, adapted as required, contemplated in paragraphs a, c and d of article 653.

1987, c. 63, s. 5; 1988, c. 21, s. 66.

654. A debtor must produce a new declaration every time

(a) he changes the address of his residence or of his domicile;

(b) he changes his employment;

(c) his conditions of employment are altered;

(d) he ceases to work;

(e) he resumes work;

(f) a change occurs in his family responsibilities.

In every case, the declaration must be produced within 10 days following the change.

1965 (1st sess.), c. 80, a. 654; 1969, c. 81, s. 15; 1987, c. 63, s. 6.

655. The clerk of the court must, without cost to the debtor, send a notice of every declaration produced by the debtor to the creditors mentioned in the list filed by the debtor and to all those reported subsequently.

1965 (1st sess.), c. 80, a. 655; 1966, c. 21, s. 13; 1969, c. 81, s. 16; 1975, c. 83, s. 46; 1987, c. 63, s. 6; 1995, c. 39, s. 9.

655.1. Any creditor must, within 30 days of acquiring knowledge of the first declaration of the debtor, file his claim in the record either in accordance with article 643, or at the time of filing a contestation of the debtor\'s declaration in accordance with article 656.

If the claim is not filed within the allotted time, the creditor is entitled to only an amount proportional to the amount indicated in the debtor\'s declaration, until he files his claim. Furthermore, for the purposes of article 644, the claim is deemed to have been filed on the date of the debtor\'s declaration.

1987, c. 63, s. 6.

656. Any interested party may, within 30 days of knowledge acquired, contest a debtor\'s declaration before the court where it has been filed, in the same manner as that of a garnishee. A copy of the contestation must be served on the debtor and the clerk.

1965 (1st sess.), c. 80, a. 656; 1969, c. 81, s. 17; 1987, c. 63, s. 7.

656.1. The clerk shall prepare and keep up to date a list of the creditors and issue a copy thereof to every creditor who applies therefor.

1987, c. 63, s. 7.

656.2. If the clerk is unable to pay to a creditor a sum that is payable to him and that has been deposited by the debtor, he shall retain the sum until the creditor requests payment thereof or until the debtor furnishes proof of extinguishment of the debt, in which case the amount shall be redistributed among the other creditors in proportion to their claims.

If all the other debts are extinguished, the clerk shall notify the debtor that he may recover the undistributed sums upon a written application.

1987, c. 63, s. 7.

656.3. Where the full amount of a claim has been paid to a creditor, the clerk shall, by registered or certified mail, transmit a notice to that effect to the debtor and to the creditor.

If the notice is not contested by the creditor within 30 days of receiving it, the clerk may, on the application of the debtor, certify on the duplicate of the notice in the possession of the debtor that it has not been contested, and the notice so certified is equivalent to a discharge.

1987, c. 63, s. 7.

657. The creditor may make a motion to the court, notice of which is served on the debtor and the clerk, that seizure may be made where a debtor having failed to make a deposit or produce a declaration in accordance with this subdivision has not remedied the failure within 30 days following receipt of a notice from the creditor requiring him to do so.

The court may suspend its decision for such time as it decides but not over 90 days if the debtor proves that his failure to make a deposit or produce a declaration was not due to his negligence and that it is possible for him to remedy the failure within that time or a shorter time.

If the motion of the creditor is granted, the clerk shall, forthwith, notify the other creditors.

1965 (1st sess.), c. 80, a. 657; 1969, c. 81, s. 18; 1987, c. 63, s. 8; 1995, c. 39, s. 10.

657.1. A debtor who, in the course of a year, has not made a deposit or produced a new declaration must, within 30 days following receipt of a notice from the clerk reminding him of the content of this article, forward to the clerk a notice of his intention to continue to avail himself of the benefit of this subdivision. Failing that, he loses that benefit and the clerk shall, forthwith, notify the creditors.

1987, c. 63, s. 8; 1995, c. 39, s. 11.

657.2. Upon receiving a notice from the debtor indicating that he renounces the benefit of this subdivision, the clerk shall, forthwith, notify the creditors.

1987, c. 63, s. 8; 1995, c. 39, s. 12.

658. A creditor who, having received the notice contemplated in article 655, proceeds to seize notwithstanding the prohibition of article 652, is responsible for any injury resulting therefrom; so also is the creditor who refuses to give a release of a seizure taken after the date of the debtor\'s declaration but before the receipt of the notice. In both cases the clerk himself, at the request of the debtor, must grant a release of the seizure.

The creditor shall not be entitled, in the first case, to any costs; in the second case, he shall be entitled to his costs until the date of receipt of the notice contemplated in article 655.

1965 (1st sess.), c. 80, a. 658; 1969, c. 81, s. 19; 1987, c. 63, s. 9; 1999, c. 40, s. 56.

659. The provisions of articles 643, 644, 645, 646, 647, 648 and 650 apply, with the necessary modifications, to voluntary deposits. Nevertheless, the sums deposited must be distributed to the creditors at no cost to the debtor.

1965 (1st sess.), c. 80, a. 659.

659.0.1. No debtor of support subject to the Act to facilitate the payment of support (chapter P-2.2) may avail himself of this subsection, except if he already has availed himself of the provisions of this subsection by the time he becomes subject to the said Act.

1995, c. 18, s. 84.

SECTION IV.1

Repealed, 1995, c. 18, s. 85.

659.1. (Repealed).

1980, c. 21, s. 10; 1995, c. 18, s. 85.

659.2. (Repealed).

1980, c. 21, s. 10; 1995, c. 18, s. 85.

659.3. (Repealed).

1980, c. 21, s. 10; 1981, c. 14, s. 18; 1992, c. 57, s. 326; 1995, c. 18, s. 85.

659.4. (Repealed).

1980, c. 21, s. 10; 1995, c. 18, s. 85.

SECTION IV.2

SUSPENSION OF SEIZURE BY GARNISHMENT OF SALARY OR WAGES

659.5. Where the execution is effected by way of seizure by garnishment of salary or wages and there is no other claim in the record, the clerk may, on the application of the debtor and once the arrears are paid, suspend the execution of the seizure, if the debtor offers to pay directly to him the payments of support when due, and if he furnishes satisfactory guarantees that he will comply with his undertakings.

The suspension is granted for a period of not less than six months nor more than one year.

1980, c. 21, s. 10; 1992, c. 57, s. 420.

659.6. If the clerk grants the application of the debtor, he gives notice thereof, by registered or certified mail, to the creditor and the garnishee, who, upon receiving the notice, ceases his deposits with the clerk.

1980, c. 21, s. 10; 1992, c. 57, s. 420.

659.7. During the period when the seizure is suspended, the clerk pays to the person entitled to support, at least once a month, the amounts he receives from the debtor.

1980, c. 21, s. 10; 1992, c. 57, s. 420.

659.8. When the debtor fails to make a payment when due, or if a claim is filed by a third person in the record of the seizure by garnishment, the seizure becomes executory again; the clerk then gives notice thereof, by registered or certified mail, to the creditor and the garnishee, who, within 10 days after receiving the notice, must deposit with the clerk, personally or by registered or certified mail, the seizable portion of what he owes to the debtor.

1980, c. 21, s. 10; 1981, c. 14, s. 19; 1992, c. 57, s. 420.

659.9. Where the execution has been suspended, the debtor is released from the seizure at the expiration of the period fixed for the suspension, unless the seizure has become executory again.

1980, c. 21, s. 10.

659.10. In such cases as it may determine, the Government may, by regulation, impose on the debtor the payment of costs connected with the application of this section and establish the tariff thereof.

1980, c. 21, s. 10.

659.11. This section shall not apply where the Minister of Revenue is acting as seizing creditor pursuant to the Act to facilitate the payment of support (chapter P-2.2).

1995, c. 18, s. 86.

SECTION V

SEIZURE OF IMMOVABLES IN EXECUTION

§ 1. — Seizure of Immovables

660. The writ of seizure of immovables orders the sheriff of the district in which the immovables of the debtor are situated to seize those indicated to him by the seizing creditor and to sell them in satisfaction of the condemnation in principal, interest and costs. It is executed by the sheriff himself or by one of his officers.

An immovable situated partly in one district and partly in another may be wholly seized in either district. In that case, the sheriff may not seize the immovable until he has ascertained that no other minutes of seizure are registered in the land register; if another seizure is registered, the sheriff sends a copy of the writ of execution to the sheriff who drew up the first minutes of seizure so that he may note the second writ upon the first.

1965 (1st sess.), c. 80, a. 660; 1992, c. 57, s. 327.

661. (Repealed).

1965 (1st sess.), c. 80, a. 661; 1992, c. 57, s. 328.

661.1. (Repealed).

1980, c. 21, s. 11; 1981, c. 14, s. 20; 1995, c. 18, s. 87.

662. The seizing officer may at any time demand from the seizing creditor advances to meet the disbursements rendered necessary by the execution; and if such amounts are not paid the officer may refuse to make the seizure or to continue the execution.

1965 (1st sess.), c. 80, a. 662; 1980, c. 21, s. 12; 1995, c. 18, s. 88.

663. The seizure is effected by the service upon the debtor and upon the registrar of a copy of the writ of execution and of the minutes of seizure.

If the debtor has no known domicile, residence or business establishment in the district where the immovable is situated, service upon him may be made at his last known address in Quebec, in the usual manner or by registered or certified mail.

If the debtor has no known address in Quebec, service upon him is made at the office of the court where the writ was issued.

1965 (1st sess.), c. 80, a. 663; 1975, c. 83, s. 47; 1992, c. 57, s. 329; 1999, c. 40, s. 56; 2000, c. 42, s. 129.

664. The minutes of seizure, prepared in triplicate by the sheriff, must contain:

(1) mention of the title under which the seizure is made;

(2) a description of the immovable seized, made in accordance with the rules prescribed in the Book on the Publication of rights in the Civil Code.

1965 (1st sess.), c. 80, a. 664; 1992, c. 57, s. 330.

665. The registrar, when served with the minutes of seizure, must make a note thereof in the land register and notify the persons having required that their address be registered. The non-compliance with this provision does not invalidate the seizure but renders the registrar responsible for any injury resulting therefrom.

1965 (1st sess.), c. 80, a. 665; 1992, c. 57, s. 331; 1999, c. 40, s. 56.

666. The sheriff who has seized an immovable is required to note, upon the first writ, all subsequent writs of execution; in such case the first seizure cannot be discontinued or suspended, except in consequence of an opposition, or with the consent of the seizing creditor and of the subsequent creditors whose seizures have been noted, or by an order of a judge.

If the first seizing creditor releases the seizure or receives payment of his claim, the execution is nonetheless continued in his name, in order to satisfy the writs noted, but at the cost of the creditors who obtained them.

1965 (1st sess.), c. 80, a. 666; 1992, c. 57, s. 332.

667. The immovables seized remain in the possession of the debtor, but the seizing creditor may if necessary obtain from a judge the appointment of a sequestrator.

The fruits and revenues collected by the sequestrator, after deducting expenses, are immobilized and distributed in the same manner as the sale price.

1965 (1st sess.), c. 80, a. 667.

668. (Repealed).

1965 (1st sess.), c. 80, a. 668; 1992, c. 57, s. 333.

669. The debtor cannot, on pain of nullity, alienate an immovable under seizure.

The alienation avails, however, if the seizure is declared null, or if, before the adjudication, the purchaser or the debtor deposits with the sheriff a sum sufficient to discharge in capital, interest and costs the claim of the seizing creditor as well as those of any creditors whose writs of execution have been noted. The amount deposited is forthwith paid by the sheriff to those entitled to it.

1965 (1st sess.), c. 80, a. 669.

670. The sheriff must insert in a newspaper, at least 30 days before the date fixed for the sale, a public notice stating:

(a) the number of the case and the nature of the writ;

(b) the names of the seizing creditor and of the debtor, or, if there are several creditors or debtors, the name of the first named in the writ with an indication that there are others;

(c) the designation of the immovable or of the rents, as the case may be, as inserted in the minutes, with the charges there mentioned;

(d) the day, hour and place of the sale;

(e) the minimum amount the purchaser will have to pay at the time of adjudication in accordance with article 688.1. Such amount is fixed by the sheriff and must be equal to 25% of the assessment of the immovable as entered on the assessment roll of the municipality, multiplied by the factor established for the roll by the Minister of Municipal Affairs, Regions and Land Occupancy under the Act respecting municipal taxation (chapter F-2.1).

The clerk or the secretary-treasurer of a municipality must, when so required, give the sheriff the information necessary for the application of this paragraph.

(e.1) in the case of an immovable used as the family residence, the minimum price of adjudication pursuant to article 687.1;

(f) the name of the sheriff and the district for which he acts.

The sheriff is also required to send to the registrar, at least 30 days before the date fixed for the sale, a copy of the notice so that it may be registered in the land register.

1965 (1st sess.), c. 80, a. 670; 1975, c. 83, s. 48; 1977, c. 73, s. 28; 1979, c. 72, s. 323; 1989, c. 55, s. 32; 1992, c. 57, s. 334; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

671. The publication of the notice provided for in article 670 is made in a newspaper circulated in the locality where the sale must take place and in the locality where the immovable is situated, if not the same, or, if no newspaper is circulated in such localities, in a newspaper circulated in the nearest locality.

1965 (1st sess.), c. 80, a. 671; 1977, c. 73, s. 29; 1992, c. 57, s. 335.

672. After release of seizure is granted, any interested person may obtain a certificate from the clerk who issued the writ provided his application includes an attestation of the sheriff to the effect that he has noted no writs or to the effect that he has obtained release for any writs he was required to note.

1965 (1st sess.), c. 80, a. 672; 1992, c. 57, s. 336.

673. The sale cannot be suspended except by the consent of the parties, by a judge\'s order, or if there is an opposition.

1965 (1st sess.), c. 80, a. 673.

§ 2. — Oppositions to Seizure in Execution of Immovable Property

674. The judgment debtor may oppose and ask for the annulment of the seizure of an immovable for the reasons contemplated in article 596. The opposition to annul may also be made by a third party having a sufficient interest.

1965 (1st sess.), c. 80, a. 674.

675. A third party who claims the ownership of part only of any immovable or immovables under seizure may make an opposition to withdraw.

1965 (1st sess.), c. 80, a. 675.

676. A third party may make an opposition to secure charges when an immovable under seizure is advertised to be sold without mention being made of a charge to which it is subject in his favour and from which it might be discharged by a sheriff\'s sale.

1965 (1st sess.), c. 80, a. 676.

677. Any person, aggrieved by reason of an immovable being advertised as subject to a charge which prejudices his claim, may make an opposition to the sale of the property subject to such charge, unless good and sufficient security be given him that it will be sold at a sufficient price to ensure payment of his claim.

An opposition to charges cannot be made by the seizing creditor or the judgment debtor, unless the mention of such charge has been made without his consent.

1965 (1st sess.), c. 80, a. 677.

678. Subject to the provisions which follow, the rules of articles 596 to 604 as to oppositions to the seizure of movable property also apply to oppositions to the seizure of immovables.

1965 (1st sess.), c. 80, a. 678.

679. The motion to oppose must be served, at least 10 days before the date fixed for the sale, on the sheriff, on the seizing creditor or his attorney and, if it is made by a third person, on the debtor.

No opposition made after the prescribed time can stop the sale, except upon an order from the clerk granted at the request of the opposing party for sufficient cause and after prior notice is sent to the seizing creditor or his attorney; if the object of the opposition is to revendicate the immovable under seizure, the opposing party may, if his motion to oppose is granted, file his claim in the same manner as prior or hypothecary creditors in order to be paid according to his rank out of the proceeds of the sale.

1965 (1st sess.), c. 80, a. 679; 1992, c. 57, s. 337.

680. When there is more than one writ of execution and the opposition relates to the first writ only and is not based upon a matter of form, the sheriff is bound to continue the execution in order to satisfy the writs noted, proceeding under a copy of the first writ and of the minutes of seizure, which he prepares and certifies before making his return.

If the opposition applies to a noted writ only, the sheriff returns the said writ and continues the execution upon the first writ.

1965 (1st sess.), c. 80, a. 680.

681. A person whose opposition is dismissed is liable towards the seizing creditor and the debtor, not only for the costs, but also for all damages, including interest upon the amount due to the seizing creditor for the time during which the sale was stopped.

1965 (1st sess.), c. 80, a. 681.

682. If the opposition is not decided until after the day fixed for the sale and the seizure is not annulled, the sheriff fixes a new date for the sale and again publishes the notice provided for in article 670 at least 15 days before such sale.

1965 (1st sess.), c. 80, a. 682; 1977, c. 73, s. 30.

§ 3. — Sale

I. — Adjudication

683. The immovables are offered for sale by auction and sold in a public place determined by the sheriff.

The judge may, upon application, order the sheriff to sell at a more advantageous place.

1965 (1st sess.), c. 80, a. 683; 1992, c. 57, s. 338.

684. On the day and at the place appointed, the officer conducting the sale first reads the text of the notice, specifies the charges and the conditions of the sale, mentions every lease registered in the registry office in respect of the immovable, and then offers the immovable for sale by auction.

1965 (1st sess.), c. 80, a. 684; 1973, c. 74, s. 14; 1992, c. 57, s. 339.

685. No bid can be received unless the bidder declares his name, capacity, occupation and residence.

Minutes are taken of the bids received.

1965 (1st sess.), c. 80, a. 685.

686. The following persons cannot be bidders or purchasers at the sale:

(a) the party upon whom the property is sold, if personally liable for the debt;

(b) the persons referred to in article 1709 of the Civil Code;

(c) the sheriff or other officer conducting the sale;

(d) a false bidder.

1965 (1st sess.), c. 80, a. 686; 1992, c. 57, s. 340.

687. When several immovables are seized, a judge may order them to be sold as a whole, if it is advantageous to do so.

1965 (1st sess.), c. 80, a. 687.

687.1. An immovable used as the family residence cannot be adjudicated at a price lower than 50% of the assessment of that immovable as entered on the assessment roll of the municipality, multiplied by the factor established for that roll by the Minister of Municipal Affairs, Regions and Land Occupancy pursuant to the Act respecting municipal taxation (chapter F-2.1), unless the court allows it to be sold at a lower price.

1989, c. 55, s. 33; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

688. The immovable must be adjudged to the last bidder; when there is only one bidder, he must be declared the purchaser. The adjudication cannot in any case be made before the expiration of 15 minutes from the first bid and five minutes from the last bid.

A person who has purchased for another is bound to state immediately the name, capacity and residence of his principal, and to furnish proof of his mandate; in default of which he is held to have purchased in his own name. He is likewise held to have purchased in his own name if the person for whom he acted is unknown, cannot be found, is notoriously insolvent or is incapable of being purchaser.

1965 (1st sess.), c. 80, a. 688.

688.1. Subject to the right of retention provided by article 689, no person may be declared purchaser if he does not immediately pay to the officer conducting the sale the amount described in paragraph e of article 670, either in cash or by certified cheque.

Failing payment, the officer cancels the adjudication and, according to the circumstances, continues the bidding or terminates the sale; if he terminates the sale, he inserts another notice in accordance with articles 670 and 671, at the cost of the person in default.

If the immovable is sold for a lower price than that bid by the person in default, he is liable to payment of the difference.

1975, c. 83, s. 49.

689. The purchase price must be paid within five days, at the expiry of which time interest begins to run.

Nevertheless, when the immovable is adjudged to the seizing creditor or any hypothecary creditor who has filed an opposition or whose claim is mentioned in the statement certified by the registrar, he may retain the purchase-money to the extent of his claim until the judgment of distribution is served upon him.

1965 (1st sess.), c. 80, a. 689; 1992, c. 57, s. 341; 1999, c. 40, s. 56.

690. On payment by the purchaser of the purchase price or of the amount which he is not entitled to retain, the sheriff is bound to give him a certificate of sale containing:

(1) An indication of the nature of the writ, the number of the case, the names and the designation of the parties;

(2) A description of the immovable sold;

(3) The date and place of the adjudication;

(4) The conditions of the sale;

(5) The price paid or, if need be, the portion thereof which was paid and the portion retained with mention that if the price is not completely paid in conformity with the provisions of article 730, the immovable may be resold for false bidding.

1965 (1st sess.), c. 80, a. 690.

II. — Resale for False Bidding

691. Upon the sheriff\'s return that a purchaser has not paid the purchase price, the seizing creditor, or if he fails to proceed against the purchaser with proper diligence, the judgment debtor or any other creditor whose claim appears in the record, may demand that the immovable be resold for false bidding upon the purchaser thus in default.

The service of the motion upon a purchaser who has no known domicile, residence, or business establishment in the district where the adjudication took place may be made at the office of the court from which the seizure issued.

1965 (1st sess.), c. 80, a. 691; 1999, c. 40, s. 56.

692. The purchaser may prevent the resale for false bidding by paying into the hands of the sheriff before such sale the purchase price with the interest accrued thereon and all costs incurred by reason of his default.

1965 (1st sess.), c. 80, a. 692.

693. The resale for false bidding takes place under the same writ and according to the provisions of article 682.

1965 (1st sess.), c. 80, a. 693.

694. The false bidder must pay the difference between his price and the price of the resale, but has no right to the excess, if any; he is liable to the debtor and to the judgment creditors for all interest, costs and damages resulting from his default.

1965 (1st sess.), c. 80, a. 694.

III. — Effect of Sheriff\'s Sale

695. The purchaser takes the immovable in the condition in which it is at the time of the adjudication, with all the rights of the judgment debtor therein, including all active servitudes, even those not mentioned in the minutes of seizure, but without any warranty as to its contents.

1965 (1st sess.), c. 80, a. 695.

696. A sheriff\'s sale discharges the immovable from all real rights not mentioned in the conditions of sale except:

(1) servitudes;

(2) (paragraph repealed);

(3) rights of emphyteusis, the rights necessary for the exercise of superficies and rights of substitution not yet open, except when it appears in the record of the case that there exists a prior or preferable claim;

(4) (paragraph replaced);

(5) the administrative encumbrance affecting a low-rental housing immovable.

A sheriff\'s sale does not affect the legal hypothec securing the rights of municipalities, school boards or the Comite de gestion de la taxe scolaire de l\'île de Montreal in respect of instalments not yet due of special taxes, the payment of which is spread over a certain number of years; such instalments do not become due by reason of the sale of the immovable and are not collocated, but remain payable according to the terms of their imposition.

1965 (1st sess.), c. 80, a. 696; 1988, c. 84, s. 554; 1991, c. 62, s. 6; 1992, c. 57, s. 342; 1996, c. 5, s. 42; 1999, c. 40, s. 56; 2002, c. 75, s. 33.

696.1. A sheriff\'s sale does not discharge a lease registered in the land register.

1973, c. 74, s. 15; 1992, c. 57, s. 343.

697. If the holder of the immovable refuses to deliver it, the purchaser may, by motion served upon such holder, obtain from a judge an order of expulsion, without prejudice to his recourse for damages.

1965 (1st sess.), c. 80, a. 697.

IV. — Vacating of Sheriff\'s Sale

698. A sheriff\'s sale may, at the instance of any interested person, be vacated:

(1) If, with the knowledge of the purchaser, fraud was employed to keep persons from bidding;

(2) If the essential conditions and formalities prescribed for the sale have not been observed; but the seizing creditor cannot vacate the sale for any irregularity attributable to himself or his attorney.

1965 (1st sess.), c. 80, a. 698.

699. A sheriff\'s sale may also be vacated at the instance of the purchaser:

(1) If he is liable to eviction by reason of some real right from which the property is not discharged by the sale;

(2) If the immovable differs so much from the description in the minutes of seizure that it is to be presumed that he would not have bought had he been aware of the true description.

1965 (1st sess.), c. 80, a. 699.

700. The demand to vacate a sheriff\'s sale, which is a proceeding incidental to the execution, must be made by motion served on all the interested parties within 90 days of adjudication. This time limit is peremptory; nevertheless, the court may, provided not more than six months have elapsed since the adjudication, relieve from the consequences of his default a party who shows that in fact it was impossible for him to act sooner.

1965 (1st sess.), c. 80, a. 700; 1999, c. 40, s. 56.

V. — Return of the Writ

701. Five days after the sale the sheriff must return to the clerk, with a certificate of his proceedings:

(a) the writ of execution and the minutes of seizure;

(b) a copy of the notice of sale;

(c) a statement of the conditions of sale;

(d) the minutes of the bidding;

(e) a statement certified by the registrar of the charges which affected the immovable, or a written statement that such statement will be transmitted subsequently;

(f) all oppositions and claims placed in his hands, as well as writs of execution which he has noted;

(g) a statement of his fees and disbursements taxed by the clerk;

(h) a mention of the purchaser\'s failure to pay within the prescribed time and of the amount on which interest accrues.

1965 (1st sess.), c. 80, a. 701; 1992, c. 57, s. 344, s. 420.

702. The sheriff must, after deducting from the moneys levied his fees and costs, deposit the balance in accordance with the Deposit Act (chapter D-5).

1965 (1st sess.), c. 80, a. 702; 1972, c. 70, s. 21.

VI. — Registrar\'s Statement

703. After five days have elapsed since the sale, the sheriff is required to procure the certified statement of the registrar unless one of the interested parties has already delivered it to him.

1965 (1st sess.), c. 80, a. 703; 1992, c. 57, s. 345; 2000, c. 42, s. 130.

704. The statement mentions the hypothecs or charges subsisting in the land register in respect of the immovable.

In addition to the particulars prescribed by article 3019 of the Civil Code and by the regulations under the Civil Code, the certified statement contains, for each entry, the name and address of the creditor.

The statement must not go beyond the date of a previous sale having the effect of a sheriff\'s sale or forced sale, except as to charges which have not been discharged thereby; and it must not mention the charges which, according to the land register, are extinguished or wholly discharged.

If the immovable is not affected by any hypothec or charge, the statement must attest that fact.

1965 (1st sess.), c. 80, a. 704; 1992, c. 57, s. 345; 2000, c. 42, s. 131.

705. (Repealed).

1965 (1st sess.), c. 80, a. 705; 1992, c. 57, s. 346.

706. (Repealed).

1965 (1st sess.), c. 80, a. 706; 1992, c. 57, s. 346.

707. A judge may, at the request of any person interested, order the rejection or correction of the statement certified by the registrar, on the ground of error or fraud in its preparation or in the registers on which it is based, or on the ground of the extinction of a charge mentioned therein.

The demand to reject or correct is made by motion served on the registrar, and the judge to whom it is presented may order the impleading of any person interested.

1965 (1st sess.), c. 80, a. 707; 1992, c. 57, s. 347.

VII. — Repealed, 1992, c. 57, s. 348.

708. (Repealed).

1965 (1st sess.), c. 80, a. 708; 1992, c. 57, s. 348.

709. (Repealed).

1965 (1st sess.), c. 80, a. 709; 1992, c. 57, s. 348.

VIII. — Payment of Moneys Without Scheme of Collocation

710. The clerk, on demand, may adjudge the proceeds of the sale to the parties entitled to them without the formality of a scheme of collocation when no claim appears by the statement certified by the registrar, when the moneys levied do not exceed the costs of seizure, or when all the interested parties consent.

1965 (1st sess.), c. 80, a. 710; 1992, c. 57, s. 349, s. 420.

IX. — Scheme of Collocation

711. Between the fifth and the tenth days after the sheriff\'s return or the filing of the statement certified by the registrar, the clerk must prepare a scheme of collocation.

1965 (1st sess.), c. 80, a. 711; 1992, c. 57, s. 350, s. 420.

712. The scheme of collocation must contain the names and designations of the seizing creditor, the judgment debtor, the opposants and claimants, and mention the amount levied and the name of the person in whose hands it is, and the filing of the statement certified by the registrar.

Each collocation must be dealt with in a separate article giving the nature of the claim, the date of the title and of its publication, if any, and stating whether the claim bears upon all the moneys to be distributed or only upon the proceeds of sale of a particular immovable or part of an immovable; the articles are numbered consecutively.

1965 (1st sess.), c. 80, a. 712; 1992, c. 57, s. 351.

713. Subject to the provisions of article 578, the clerk shall prepare the scheme of collocation in accordance with the rights of the parties as shown by the statement certified by the registrar and other documents forming part of the record.

1965 (1st sess.), c. 80, a. 713; 1992, c. 57, s. 352, s. 420.

714. Law costs must be collocated first and in the following order:

(1) costs of the scheme of collocation;

(2) duties and fees due on amounts deposited or levied;

(3) the costs of seizure and sale, if they have not been retained out of the price, including such as may remain due upon the discussion of the movables;

(4) (paragraph repealed);

(5) (paragraph repealed);

(6) costs incurred after the judgment, both in the court of first instance and in appeal, upon incidental proceedings which were necessary to effect the seizure and sale of the immovables and the distribution of the moneys levied;

(7) costs of suit of the seizing creditor.

1965 (1st sess.), c. 80, a. 714; 1992, c. 57, s. 353.

715. After law costs must be collocated, according to their rank, the claims of persons who had real rights in the immovable but filed their oppositions too late, and of prior creditors and those who have filed a statement of their claim with the seizing officer supported by an affidavit and vouchers, deducting, however, the debts which such claimants were bound to pay and which have become payable in consequence of the sale.

1965 (1st sess.), c. 80, a. 715; 1992, c. 57, s. 354.

716. Conditional creditors are collocated according to their rank, but the amounts of their claims are payable to subsequent creditors whose claims are exigible, upon security being given, within the time fixed by the judge, for the return of the money upon fulfilment of the condition.

If there are no subsequent creditors, or if they do not give security, the amount is paid to the judgment debtor, on condition of giving the same security, or, if he fail to do so, to the conditional creditors themselves, upon their giving security to return the moneys in the event of the condition failing or becoming impossible, and paying interest to such persons as a judge may order.

If payment cannot so be made, the amount of the claim is placed in the hands of a depositary agreed upon by the parties, or, if they cannot so agree, appointed by a judge.

1965 (1st sess.), c. 80, a. 716; 1999, c. 40, s. 56.

717. When a claim is undetermined or unliquidated, the clerk must, out of the disposable moneys, reserve a sum sufficient to cover it; and such sum remains in the hands of the Minister of Finance until the claim is determined or liquidated, unless a judge otherwise orders.

1965 (1st sess.), c. 80, a. 717; 1972, c. 70, s. 22; 1992, c. 57, s. 420.

718. A hypothecary claim due with a term of payment becomes exigible in consequence of the sale of the hypothecated immovable, and is collocated.

1965 (1st sess.), c. 80, a. 718.

719. A claim for the capital of a life-rent is determined and collocated according to the provisions of the Civil Code.

1965 (1st sess.), c. 80, a. 719.

720. Interest and annuity payments due on the day of adjudication and preserved by registration of a deed are collocated in the same rank as the principal.

1965 (1st sess.), c. 80, a. 720; 1999, c. 40, s. 56.

721. When several immovables or parts of immovables, separately charged with different claims, are sold for one and the same price or when a creditor has some preferable claim upon part only of an immovable by reason of improvements or other cause, the clerk must, if the disposable moneys are insufficient, make a relative valuation to determine the respective value of the immovables or parts of immovables in relation to the value of the whole, and the proportion attributable to each creditor in the amount to be distributed.

1965 (1st sess.), c. 80, a. 721; 1992, c. 57, s. 356, s. 420.

722. If the record does not contain sufficient information to permit of a relative valuation, the clerk may, after notice to the interested parties, have recourse to experts or other persons whose testimony, taken under oath, is filed in the record.

1965 (1st sess.), c. 80, a. 722; 1992, c. 57, s. 420.

723. The clerk, on his own initiative or at the oral demand of any interested person, may summon any person to appear before him to be examined upon the facts relating to any charge contained in the statement certified by the registrar or any claim filed in the record. The examination is subject to the rules of Chapter I of Title V of Book II.

The admission of the person in whose favour such charge or claim lies has full effect against him without any other procedure or formality.

1965 (1st sess.), c. 80, a. 723; 1992, c. 57, s. 357, s. 420.

724. The scheme of collocation is made in duplicate; one of the duplicates is filed in the record and the other posted in the office of the court.

The clerk must, forthwith, by ordinary mail, give notice of the posting to all the interested persons whose addresses he can obtain.

Such persons may contest the scheme of collocation within 15 days from the date of posting.

1965 (1st sess.), c. 80, a. 724; 1975, c. 83, s. 50; 1992, c. 57, s. 420; 1996, c. 5, s. 43.

725. Such contestation may relate to the scheme itself, to the rank of the collocation or to the merits of any collocated claim. It must be served upon all the interested parties with notice of the day when it will be presented. From the filing of the contestation, proceedings on the collocation are suspended, either in whole, or only for the contested claim and those subsequent thereto, as the case may be.

Unless the court otherwise orders, there is no answer in writing to the contestation.

1965 (1st sess.), c. 80, a. 725.

726. Several contestations based upon the same grounds must be joined and the proceedings continued by the first contestant, saving the right of the others to continue the proceedings themselves if the first contestant desists or does not proceed with diligence.

1965 (1st sess.), c. 80, a. 726.

727. After the expiry of the time limits for contestation or after judgment on such contestation, the clerk homologates the scheme.

If part only of the scheme has been contested, the homologation may be granted immediately for the part which is not contested.

1965 (1st sess.), c. 80, a. 727; 1968, c. 84, s. 5; 1992, c. 57, s. 420; 1999, c. 40, s. 56.

728. Whether or not the scheme has been homologated, a judge may order a supplementary distribution of any amount collocated to a creditor who is not thereunto entitled.

1965 (1st sess.), c. 80, a. 728.

X. — Payment of Moneys Levied

729. Fifteen days after the date of the judgment of homologation, the Minister of Finance pays the moneys levied to the parties thereto entitled in accordance with the Deposit Act (chapter D-5).

1965 (1st sess.), c. 80, a. 729; 1972, c. 70, s. 23.

730. A purchaser who has not paid the purchase price must, within 10 days after the judgment of homologation is transmitted to him, pay to the sheriff the amounts necessary to satisfy the claims which have priority over his own; if he fail to do so any interested party may demand the resale of the immovable upon him for false bidding.

When the purchaser has fulfilled his obligation, the sheriff must give him a certificate that the purchase price has been paid in full.

1965 (1st sess.), c. 80, a. 730; 1983, c. 28, s. 25; 1995, c. 39, s. 13.

731. Any creditor who has appeared in the case or whose claim is mentioned in the statement certified by the registrar may take against the judgment of homologation the ordinary recourses available against judgments.

1965 (1st sess.), c. 80, a. 731; 1992, c. 57, s. 358.

732. If a judgment of homologation is revised, or the sale is vacated, or the purchaser is evicted by reason of any real right not discharged by the sale, a judge may, on motion, order that all sums unduly paid be returned to the sheriff by the persons who have received them.

1965 (1st sess.), c. 80, a. 732.