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C-25 - Code of Civil Procedure

Section 658
Disposition versions

Full text
658. A creditor who, having received the notice contemplated in article 655, proceeds to seize notwithstanding the prohibition of article 652, is responsible for any injury resulting therefrom; so also is the creditor who refuses to give a release of a seizure taken after the date of the debtor’s declaration but before the receipt of the notice. In both cases the clerk himself, at the request of the debtor, must grant a release of the seizure.
The creditor shall not be entitled, in the first case, to any costs; in the second case, he shall be entitled to his costs until the date of receipt of the notice contemplated in article 655.
1965 (1st sess.), c. 80, a. 658; 1969, c. 81, s. 19; 1987, c. 63, s. 9; 1999, c. 40, s. 56.
658. A creditor who, having received the notice contemplated in article 655, proceeds to seize notwithstanding the prohibition of article 652, is responsible for the damage caused to the debtor; so also is the creditor who refuses to give a release of a seizure taken after the date of the debtor’s declaration but before the receipt of the notice. In both cases the clerk himself, at the request of the debtor, must grant a release of the seizure.
The creditor shall not be entitled, in the first case, to any costs; in the second case, he shall be entitled to his costs until the date of receipt of the notice contemplated in article 655.
1965 (1st sess.), c. 80, a. 658; 1969, c. 81, s. 19; 1987, c. 63, s. 9.
658. A creditor who, having received the notice contemplated in article 655, proceeds to seize notwithstanding the prohibition of article 652, is responsible for the damage caused to the debtor; so also is the creditor who refuses to give a release of a seizure taken before the receipt of the notice. In both cases the clerk himself, at the request of the debtor, must grant a release of the seizure.
The creditor shall not be entitled, in the first case, to any costs; in the second case, he shall be entitled to his costs until the date of receipt of the notice contemplated in article 655.
1965 (1st sess.), c. 80, a. 658; 1969, c. 81, s. 19.
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