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CCQ-1991 - Civil Code of Québec

Section 2789
Disposition versions

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2789. The creditor imputes the proceeds of the sale to payment of the costs of exercising the right, payment of the claims that take precedence over his rights, and, finally, payment of his claim.
If other creditors have rights to assert, the creditor who sold the property renders account of the proceeds of the sale to the clerk of the competent court and remits what remains of the price after imputation; where no such creditors exist, he shall, within 10 days, render account of the proceeds of the sale to the owner of the property and remit any surplus to him; the rendering of account may be contested in the manner established in the Code of Civil Procedure (chapter C-25.01).
Where the proceeds of the sale are insufficient to pay his claim and costs, the creditor retains a claim against his debtor for the balance due to him.
1991, c. 64, a. 2789; I.N. 2014-05-01; I.N. 2016-01-01 (NCCP); 2016, c. 4, s. 326.
2789. The creditor imputes the proceeds of the sale to payment of the costs of exercising the right, payment of the claims prior to his rights, and, finally, payment of his claim.
If other creditors have rights to assert, the creditor who sold the property renders account of the proceeds of the sale to the clerk of the competent court and remits what remains of the price after imputation; where no such creditors exist, he shall, within 10 days, render account of the proceeds of the sale to the owner of the property and remit any surplus to him; the rendering of account may be contested in the manner established in the Code of Civil Procedure (chapter C-25.01).
Where the proceeds of the sale are insufficient to pay his claim and costs, the creditor retains a claim against his debtor for the balance due to him.
1991, c. 64, a. 2789; I.N. 2014-05-01; I.N. 2016-01-01 (NCCP).
2789. The creditor imputes the proceeds of the sale to payment of the costs of exercising the right, payment of the claims prior to his rights, and, finally, payment of his claim.
If other creditors have rights to assert, the creditor who sold the property renders account of the proceeds of the sale to the clerk of the competent court and remits what remains of the price after imputation; where no such creditors exist, he shall, within 10 days, render account of the proceeds of the sale to the owner of the property and remit any surplus to him; the rendering of account may be contested in the manner established in the Code of Civil Procedure (chapter C-25).
Where the proceeds of the sale are insufficient to pay his claim and costs, the creditor retains a claim against his debtor for the balance due to him.
1991, c. 64, a. 2789; I.N. 2014-05-01.
2789. The creditor imputes the proceeds of the sale to payment of the costs of exercising the right, payment of the claims prior to his rights, and, finally, payment of his claim.
If other creditors have rights to be claimed, the creditor who sold the property renders account of the proceeds of the sale to the clerk of the competent court and remits what remains of the price after imputation; where no such creditors exist, he shall, within 10 days, render account of the proceeds of the sale to the owner of the property and remit any surplus to him; the rendering of account may be opposed in the manner established in the Code of Civil Procedure (chapter C-25).
Where the proceeds of the sale are insufficient to pay his claim and costs, the creditor retains a claim against his debtor for the balance due to him.
1991, c. 64, a. 2789.
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