C-25.01 - Code of Civil Procedure

Section 711 Disposition versions

2016-01-01

711. The notice of execution served on the garnishee directs that person to declare to the bailiff, within 10 days, the amount, cause and terms of their current or potential indebtedness to the debtor at the time the declaration is made. The garnishee must provide with the declaration a detailed statement of the debtor’s property that is in the garnishee’s possession, specifying under what title the property is held. The garnishee must also disclose any seizures made in the garnishee’s hands.

The bailiff files the garnishee’s declaration with the court office and notifies it to the seizing creditor and the debtor, who have 10 days to contest it. If the execution proceedings are for two or more judgments or if two or more creditors are involved in the execution proceedings, the bailiff files the declaration in each of the records concerned.

2014, c. 1, a. 711.