A-13.3 - Act respecting financial assistance for education expenses

Section 31.0.1 Disposition versions

2016-01-01

31.0.1. The execution of a judgment concerning an amount owed under this Act is to proceed in accordance with the rules of Book VIII of the Code of Civil Procedure (chapter C-25.01), subject to the following rules:

(1)  the Minister may make an agreement with the debtor to spread the payment of the amount owed in instalments over the period the Minister determines;

(2)  the Minister is responsible for the collection of the amount owed and acts as seizing creditor; the Minister prepares the notice of execution and files it with the court office; the notice is valid only for the execution of a judgment effected under this Act and does not prevent the filing of a notice for the execution of another judgment;

(3)  the Minister proceeds with the seizure of a sum of money or of income in the hands of a third person in the same manner as a bailiff, but entrusts the administration of subsequent steps, including the receipt and distribution of the sum or income, to the clerk of the court seized; the Minister serves the notice of execution on the defendant and the garnishee, but is not required to inform the defendant’s creditors or deal with their claims, or to join in a seizure in the hands of a third person already undertaken by a bailiff in another case if the seizure to be made by the Minister is for other sums or income than the sums or income specified in the notice of execution filed by the bailiff;

(4)  the Minister is required to hire the services of a bailiff for the seizure of movable or immovable property, to give the bailiff instructions and to amend the notice of execution accordingly; in such a case, if a notice for the execution of a judgment was filed by a bailiff in another case prior to the Minister’s request, the bailiff hired by the Minister joins in the seizure already under way.

The Minister is not required to pay an advance to cover execution-related costs.

2014, c. 1, s. 812.