C-25, r. 2 - Ministerial Order respecting the notice to the defendant, notice to the defendant in family matters, notice to the debtor, and notice setting out options available to the defendant, pursuant to articles 119, 580.1, 813 and 964 of the Code of Civil Procedure

Schedule Disposition versions

2012-09-01

SCHEDULE 3

(art. 580.1, CCP)

NOTICE TO DEBTOR

You have not paid the debt you owe your creditor. The property you possess is therefore seized and is entrusted to you until judicial sale, unless the court entrusts it to the custody of another person.

You may withdraw from seizure the movable property which furnishes your main residence, used by and necessary for the life of the household, up to a market value of $6,000 determined by the seizing officer, and the instruments of work needed for the personal exercise of a professional activity, unless such movables are seized for sums owed on the price or seized by a creditor holding a hypothec thereon.

If you have any right to assert against the seizure, you may subsequently oppose it.

As guardian of the property under seizure, you have the obligation to keep it and take good care of it until the sale. If you do not comply with this obligation, you may be found guilty of contempt of court, which can entail a fine or imprisonment; you may also be ordered to pay damages as compensation for the injury your creditor might suffer.

If you fail to pay, the property seized will be sold by public auction and the debt will be paid to the creditor out of the proceeds of that sale up to the amount of the debt, including interest and costs; you will have the right to determine the sequence in which the seized property will be sold.

It is in your interest, therefore, to prevent the sale of your property, to make whatever arrangements are necessary with whomever it may concern.

For further information, we suggest that you consult an advocate.

M.O. 2128, Sch. 3; M.O. 2129.