C-25.01 - Code of Civil Procedure

Section 665 Disposition versions

2016-01-01

665. A debtor is exempt from seizure so long as the voluntary deposit undertaking is complied with: creditors can neither seize the debtor’s property nor sue the debtor. Prescription of their right of action against the debtor is suspended.

In the event of failure to comply with the voluntary deposit undertaking, the debtor has 30 days to remedy the situation counting from notification of a notice from the court clerk directing the debtor to do so. If in default, the debtor loses the benefit of voluntary deposit unless there is a serious reason for the default, in which case the court clerk may grant the debtor a maximum additional extension of 30 days.

The debtor may, at any time, waive the benefit of voluntary deposit by means of a notice notified to the court clerk.

Should the debtor lose or waive the benefit of voluntary deposit, the court clerk informs the creditors and, if applicable, the bailiff.

2014, c. 1, a. 665.