C-25 - Code of Civil Procedure

Section 599 Disposition versions

1994-01-01

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.

1977-12-31

599. The service of the opposition stays proceedings upon the execution; and the seizing officer must forthwith return it to the prothonotary who issued the writ, together with the writ itself and all proceedings thereon.

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.