70. Failing payment of the amount claimed within the time specified in the notice, the Office or the lender shall present a motion to the Superior Court sitting in the district where the debtor’s property is situated, for an order enjoining the seizure of the property in execution.
Such motion, supported by the affidavit of a representative of the Office or the lender, shall be served by a bailiff and must be accompanied with a notice of the place, date and time it will be presented.
If the Office or the lender establishes to the satisfaction of the judge that it had no knowledge of the death of a borrower, the collective summons contemplated in article 116 of the Code of Civil Procedure (chapter C-25) may be made within five years of such death.