C-25.01 - Code of Civil Procedure

Section 763 Disposition versions

2016-01-01

763. Within 30 days after the sale is made, the sums of money seized are remitted to the bailiff or an affirmative declaration is made by the garnishee, the bailiff files a report with the court office, attaching all supporting documents, including any appraisal obtained beforehand, the confirmation given by the dealer in charge of the sale of securities or security entitlements listed and traded on a stock exchange, or the statement certified by the registrar.

The report states the names and contact information of the debtor and of the seizing creditor as well as those of the garnishee if property has been seized in the hands of a third person and those of the purchaser if a sale has occurred. If applicable, the report records the garnishee’s declaration and the fact that it was not contested, and sets out the terms and conditions of the sale. It refers to the minutes of seizure and the publications made, mentions any opposition filed, and specifies all sums obtained; it mentions any minutes drawn up in the course of execution. If two or more persons are entitled to the proceeds of the sale or the sums seized, it must also include a collocation scheme.

2014, c. 1, a. 763.