C-25 - Code of Civil Procedure

Section 592.4 Disposition versions

1994-01-01

592.4. Where seized property is charged with a hypothec, the seizing creditor, a creditor or the debtor may apply to the court or to the judge for the fixation of a reserve price or the determination of any other condition of sale he considers necessary.

The application must be brought within five days after the service of a certified copy of the minutes of seizure. The application is served on the seizing officer and, where applicable, on the seizing creditor, the debtor and any other creditor having received a copy of the minutes of seizure; unless the court decides otherwise, the costs are borne by the applicant. The decision of the court on the application is without appeal.

Unless the court or the judge decides otherwise, the application stays execution for as long as the application is pending.

1992, c. 57, s. 307.