38. Failing payment of the amount claimed within the delay specified in the notice, the Bureau shall present a petition to the Superior Court sitting in the district where the property offered as security is situated, for an order enjoining the seizure of the property in execution.
Such petition, supported by the affidavit of a representative of the Bureau, shall be served by a bailiff or by the secretary-treasurer of the municipality wherein the property offered as security is situated, and must be accompanied by a notice of the place, date and hour when it will be presented. The delay as to such notice shall be that of ordinary actions.
If the Bureau establishes to the satisfaction of the judge that it had no knowledge of the death of a borrower, the collective summons contemplated in article 116 of the Code of Civil Procedure may be made within five years of such death.
R. S. 1964, c. 108, s. 26; 1969, c. 41, s. 16; 1972, c. 32, s. 13.