C-25.01 - Code of Civil Procedure

Section 766 Disposition versions

2016-01-01

766. The collocation scheme states the names and contact information of the creditors, the nature of their claim, the date of the title and of its registration, if applicable, and the amount to which each creditor is entitled. It specifies, for each creditor, whether the claim pertains to the whole amount to be distributed or only to the proceeds of the sale of a particular item of property or of part of an item of property.

The scheme determines the order of collocation according to the rank of the creditors, as follows:

(1)  execution costs, in the following order:

 — the cost of the bailiff’s report;

 — the cost of the sale and the cost of distributing the proceeds of the sale or the sums seized;

 — the cost of the seizure, including the cost of any post-judgment examination, and costs relating to the transportation and safekeeping of the property;

 — the professional fee and other expenses of the bailiff;

 — the cost of incidental proceedings subsequent to the judgment; and

 — the legal costs, if any, of the seizing creditor;

(2)  prior claims against the property sold;

(3)  hypothecary claims against the property sold;

(4)  unsecured claims.

If an opposition to the seizure was made tardily by a person revendicating the property or holding a real right in the property, and the opposition was allowed after the sale, the bailiff enters the person’s claim in the collocation scheme, according to the person’s rank.

2014, c. 1, a. 766.