C-25 - Code of Civil Procedure

Section 634 Disposition versions

1994-01-01

634. Any garnishee who fails to declare or deposit pursuant to article 641 is, upon inscription for judgment, condemned as personal debtor of the seizing creditor to the payment of his claim, provided that the writ has been served upon him in the manner provided in the second paragraph of article 123 or in articles 129 and 130 or, if the writ has been served by mail, service has been proved in accordance with the second paragraph of article 146.

If the seizing creditor fails to inscribe for judgment within 10 days, the debtor may do so himself and execute the judgment in the name of the seizing creditor, or he may demand the dismissal of the seizure with costs against the seizing creditor.

A garnishee may, however, obtain leave to declare or deposit at any time, even after judgment, upon payment of the sums he should have withheld and deposited since the service of the writ of seizure and of all costs incurred by his default.

1965 (1st sess.), c. 80, a. 634; 1980, c. 21, s. 6; 1993, c. 72, s. 9.

1981-01-01

634. Any garnishee who fails to make a declaration is, upon inscription for judgment, condemned as personal debtor of the seizing creditor to the payment of his claim, provided that the writ has been served upon him in the manner provided in the second paragraph of article 123 or in articles 129 and 130 or, if the writ has been served by mail, service has been proved in accordance with the second paragraph of article 146.

If the seizing creditor fails to inscribe for judgment within ten days, the debtor may do so himself and execute the judgment in the name of the seizing creditor, or he may demand the dismissal of the seizure with costs against the seizing creditor.

A garnishee may, however, obtain leave to make his declaration at any time, even after judgment, upon payment of all costs incurred by his default.

1965 (1st sess.), c. 80, a. 634; 1980, c. 21, s. 6.

1977-12-31

634. Any garnishee who fails to make a declaration is, upon inscription for judgment, condemned as personal debtor of the seizing creditor to the payment of his claim, provided that the writ has been served upon him in the manner provided in the second paragraph of article 123 or in articles 129 and 130.

If the seizing creditor fails to inscribe for judgment within ten days, the debtor may do so himself and execute the judgment in the name of the seizing creditor, or he may demand the dismissal of the seizure with costs against the seizing creditor.

A garnishee may, however, obtain leave to make his declaration at any time, even after judgment, upon payment of all costs incurred by his default.

1965 (1st sess.), c. 80, a. 634.