C-25 - Code of Civil Procedure

Section 568 Disposition versions

1999-10-22

568. A judgment for the payment of a sum of money cannot be executed before the expiry of the time limit for appeal; if it is not susceptible of appeal or was rendered by default to appear or to plead, it becomes executory after the expiry of 10 days from the date thereof.

Nevertheless, the creditor may, upon motion accompanied by an affidavit alleging circumstances under which a writ of seizure before judgment might issue, obtain from a judge authorization to seize before the expiry of such time, but the sale of the property seized cannot take place any sooner than if the writ of execution had issued after the expiry of the time limit for appeal.

1965 (1st sess.), c. 80, a. 568; 1999, c. 40, s. 56.

1977-12-31

568. A judgment for the payment of a sum of money cannot be executed before the expiry of the delay for appeal; if it is not susceptible of appeal or was rendered by default to appear or to plead, it becomes executory after the expiry of 10 days from the date thereof.

Nevertheless, the creditor may, upon motion accompanied by an affidavit alleging circumstances under which a writ of seizure before judgment might issue, obtain from a judge authorization to seize before the expiry of such delay, but the sale of the property seized cannot take place any sooner than if the writ of execution had issued after the expiry of the delay for appeal.

1965 (1st sess.), c. 80, a. 568.