Garnishment

The Code of Civil Procedure of Quebec is used to give creditors the legal authority to seize and sell a debtor’s property to satisfy a judgment obtained against you. The code outlines the procedure for filing a seizure application and establishes rules for the conduct of seizures. The goal of this action is to provide creditors with an effective means of recovering debts from debtors.

Under the code, debts that have been legally determined can be enforced by seizing the debtor’s property, possessions, or other assets by a court officer. The creditor must obtain authorization from the court before proceeding with this action, which is done by filing an application with the Superior Court or the District Court. In some cases, the creditor may also be required to provide security against costs or damages if they choose this route. After obtaining court authorization, an officer can proceed with the seizure and sale of the debtor’s property to recover what is owed.

The seizure code also sets out several rules regarding how these seizures should take place. For example, it states that creditors cannot enter a dwelling located on residential property without prior authorization from a judge or justice of the peace. It also regulates the timing and location of seizures, as well as the types of property that can be seized, such as cars and boats. Lastly, it requires all parties involved in a seizure (including officers) to adhere to ethical standards and procedures established in its provisions regarding how a seizure should be conducted fairly and safely for all parties involved.

A consumer proposal or bankruptcy suspends any seizure (with exceptions), which is one of its most significant advantages.