C-25 - Code of Civil Procedure

Section 679 Disposition versions

1994-01-01

679. The motion to oppose must be served, at least 10 days before the date fixed for the sale, on the sheriff, on the seizing creditor or his attorney and, if it is made by a third person, on the debtor.

No opposition made after the prescribed time can stop the sale, except upon an order from the clerk granted at the request of the opposing party for sufficient cause and after prior notice is sent to the seizing creditor or his attorney; if the object of the opposition is to revendicate the immovable under seizure, the opposing party may, if his motion to oppose is granted, file his claim in the same manner as prior or hypothecary creditors in order to be paid according to his rank out of the proceeds of the sale.

1965 (1st sess.), c. 80, a. 679; 1992, c. 57, s. 337.

1977-12-31

679. Every opposition to the seizure of immoveable property must be served at least ten days before the date fixed for the sale, by delivering the original to the sheriff, a copy to the seizing creditor or to his attorney, and, if it is made by a third party, a copy to the debtor.

No opposition made after this delay can stop the sale, except upon the order of the prothonotary granted at the instance of the opposant for sufficient cause and after prior notice to the seizing party or to his attorney; if the object of the opposition is to withdraw the immoveable under seizure or to secure a charge, it has the effect of an opposition for payment.

1965 (1st sess.), c. 80, a. 679.