C-25 - Code of Civil Procedure

Section 986 Disposition versions

2003-01-01

986. The judgment may be executed on the expiry of 30 days from the day it is rendered, unless the judge has ordered otherwise. A judgment by default may be executed on the expiry of 10 days from the day it is rendered. However, if the creditor establishes, in a writing under oath, a fact permitting a seizure before judgment, the creditor may be authorized by the judge to execute the judgment before the expiry of the prescribed time.

If the judgment orders payment of the debt by instalments or confirms a settlement between the creditor and the debtor and the latter fails to pay an instalment when due, the creditor may demand payment of the amount due in writing. If the debtor fails to pay the instalment within 10 days of the demand, the entire amount of the debt becomes due and execution is proceeded with.

1971, c. 86, s. 1; 1975, c. 83, s. 77; 2002, c. 7, s. 148.

1977-12-31

986. A party condemned by default may request that the judgment be revoked, if he was prevented by surprise, fraud or any other reason considered sufficient from objecting to the claim in time or appearing at the hearing.

A party may also request that the judgment be revoked in the cases provided for in article 483 that are not inconsistent with the application of this Book.

1971, c. 86, s. 1; 1975, c. 83, s. 77.