C-25.1 - Code of Penal Procedure

Section 330 Disposition versions

2016-01-01

330. Seizures are effected according to the rules for the execution of judgments set out in Book VIII of the Code of Civil Procedure (chapter C-25.01), subject to the special rules of this Code and to the following rules:

(1)  the collector for the place where the order to pay has been given is responsible for the collection of the sums due and acts as seizor; the collector 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 chapter and does not preclude the filing of another notice for the execution of a judgment under the Code of Civil Procedure;

(2)  the collector proceeds with the seizure of a sum of money or 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 a court clerk designated by the collector; the collector serves the notice of execution on the defendant and the garnishee in accordance with article 20, 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 collector is for other sums or income than the sums or income specified in the notice of execution filed by the bailiff;

(3)  the collector 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 collector’s request, the bailiff hired by the collector joins in the seizure already under way.

The collector is not required to pay an advance to cover the safekeeping costs or other execution-related disbursements.

1987, c. 96, a. 330; 1992, c. 61, s. 16; 2014, c. 1, s. 820.

1993-11-01

330. The seizure shall be made according to the rules relating to the civil execution of judgments, except those contained in Book VIII of the Code of Civil Procedure (chapter C-25), and except the following rules:

(1)  the collector for the place where the order to pay has been given shall be responsible for the collection of the sums due and act as seizing creditor;

(2)  notwithstanding the first paragraph of article 589 and the first paragraph of article 662 of the Code of Civil Procedure, no advance to meet the costs of custody or the disbursements rendered necessary by the execution of the writ may be required by the seizing officer;

(3)  the service of a writ of seizure by garnishment may be made by registered, certified or priority mail.

1987, c. 96, a. 330; 1992, c. 61, s. 16.

1990-10-01

330. The seizure shall be made according to the rules relating to the civil execution of judgments, except those contained in Book VIII of the Code of Civil Procedure (chapter C-25), and except the following rules:

(1)  the collector for the place where the order to pay has been given shall be responsible for the collection of the sums due and act as seizing creditor;

(2)  notwithstanding the first paragraph of article 589 and the first paragraph of article 662 of the Code of Civil Procedure, no advance to meet the costs of custody or the disbursements rendered necessary by the execution of the writ may be required by the seizing officer;

(3)  the service of a writ of seizure by garnishment may be made by registered or certified mail.

1987, c. 96, a. 330.