C-25.01 - Code of Civil Procedure

Section 663 Disposition versions

2016-01-01

663. Payment in instalments is a manner of execution by which the debtor gives an undertaking to the executing bailiff to make regular payments for the benefit of the creditor in satisfaction of the judgment. The amounts, due dates and other terms of payment are set out in an agreement, which must be approved by the creditor.

The instalments cannot be spread over more than one year. The debtor may, at any time, waive the benefit of paying in instalments by discharging the balance.

The instalment payment agreement, whether made before or after the filing of the notice of execution, is filed with the court office, in the record concerned, as is any waiver of that method of payment or any notice stating that the debtor has lost the benefit of the term. The agreement ends without notice as soon as another creditor seeks execution of a judgment rendered in their favour.

2014, c. 1, a. 663.