C-25 - Code of Civil Procedure

Section 614 Disposition versions

1994-01-01

614. If the seizing officer has ascertained that rights have been granted in the seized property, he prepares a scheme of collocation and serves a certified copy on the debtor and the creditors.

If the scheme is not contested by the debtor or any creditor within 10 days after its service, the seizing officer distributes the moneys. Otherwise, he returns the moneys to be adjudged by the court to those entitled thereto; the same applies in the case of insolvency of the debtor. However, the seizing officer is not required to prepare a scheme of collocation where the moneys levied do not exceed the legal costs.

After the distribution, the seizing officer files his minutes of seizure and sale and the scheme of collocation at the office of the court.

1965 (1st sess.), c. 80, a. 614; 1992, c. 57, s. 318.

1977-12-31

614. Ten days after the return of the moneys, the seizing creditor has a right to be paid by preference over all other unsecured creditors, after deducting law costs including the pay of the guardian duly taxed by the prothonotary, saving the right of a prior seizing creditor for his costs, the case of the insolvency of the debtor and the case of privileged claims.

1965 (1st sess.), c. 80, a. 614.