C-25.01 - Code of Civil Procedure

Section 707 Disposition versions

2016-01-01

707. A seizure is recorded in minutes prepared by the bailiff. The minutes must mention whether or not the debtor was present at the time of the seizure, and contain

(1)  mention of the title under which the seizure is made;

(2)  the date of the notice of execution and the name of the seizing creditor;

(3)  the date and time and the nature of the seizure;

(4)  a description of the property seized; and

(5)  the name of the custodian and, if an authorization was granted by the court, a reference to that authorization.

In the case of a seizure of movable property, the minutes must also contain a list and the market value of the movable property left to the debtor if the value of the property seized is insufficient to pay the claim of the seizing creditor.

The minutes are notified to the debtor and the seizing creditor, as well as to all creditors having rights in the seized property and to any third person appointed as custodian.

2014, c. 1, a. 707.