C-25 - Code of Civil Procedure

Section 993 Disposition versions

2003-01-01

993. The costs of the clerk or the person designated by the Minister or the fees of the bailiff or advocate paid by the creditor for the execution of the judgment may be claimed from the debtor, within the limits set out in the tariffs prescribed for that purpose; the debt is payable immediately.

1971, c. 86, s. 1; 1975, c. 83, s. 81; 1980, c. 21, s. 13; 1982, c. 32, s. 58; 1984, c. 46, s. 14; 1986, c. 58, s. 20; 1992, c. 63, s. 15; 1995, c. 39, s. 18; 2002, c. 7, s. 148.

1995-09-01

993. Compulsory execution of judgments rendered under the provisions of this Book is effected in accordance with Title II of Book IV of this Code, subject to the following provisions:

(1)  the extrajudicial costs of advocates provided for in article 994 and paid by the creditor may be claimed from the debtor and payment of such costs constitutes in favour of the creditor a claim immediately exigible from the debtor which, upon execution of the judgment, is collocated as a claim of an ordinary seizing creditor;

(2)  service of a writ of seizure by garnishment may be made by registered or certified mail.

1971, c. 86, s. 1; 1975, c. 83, s. 81; 1980, c. 21, s. 13; 1982, c. 32, s. 58; 1984, c. 46, s. 14; 1986, c. 58, s. 20; 1992, c. 63, s. 15; 1995, c. 39, s. 18.

1993-09-01

993. Compulsory execution of judgments is effected in accordance with Title II of Book IV of this Code, subject to the following exceptions:

(1)  The clerk entrusted with the application of this Book acts as seizing officer for the person in whose favour judgment has been rendered;

(2)  Execution cannot be effected against immovables;

(3)  (Paragraph repealed);

(4)  The judgment debtor pays, as costs of execution, only the bailiff’s fees and the legal costs fixed by regulation of the Government. The excess amount of the costs of execution is paid by the Minister of Justice.

If the bailiff’s fees are not paid by the debtor, the Minister of Justice assumes them but he is then subrogated in the rights of the bailiff against the debtor.

(5)  Service of a writ of seizure by garnishment may be made by registered or certified mail.

1971, c. 86, s. 1; 1975, c. 83, s. 81; 1980, c. 21, s. 13; 1982, c. 32, s. 58; 1984, c. 46, s. 14; 1986, c. 58, s. 20; 1992, c. 63, s. 15.

1986-07-01

993. Compulsory execution of judgments is effected in accordance with Title Two of Book Four of this Code, subject to the following exceptions:

(1)  The clerk entrusted with the application of this book acts as seizing officer for the person in whose favour judgment has been rendered;

(2)  Execution cannot be effected against immoveables;

(3)  (Paragraph repealed);

(4)  The judgment debtor pays, as costs of execution, the bailiff’s fees and the sum of $15 if the amount of the judgment is $250 or less, or the sum of $25 if the amount of the judgment is more than $250. The excess amount of the costs of execution is paid by the Minister of Justice.

If the bailiff’s fees are not paid by the debtor, the Minister of Justice assumes them but he is then subrogated in the rights of the bailiff against the debtor.

(5)  Service of a writ of seizure by garnishment may be made by registered or certified mail.

1971, c. 86, s. 1; 1975, c. 83, s. 81; 1980, c. 21, s. 13; 1982, c. 32, s. 58; 1984, c. 46, s. 14; 1986, c. 58, s. 20.

1985-04-01

993. Compulsory execution of judgments is effected in accordance with Title Two of Book Four of this Code, subject to the following exceptions:

(1)  The clerk entrusted with the application of this book acts as seizing officer for the person in whose favour judgment has been rendered;

(2)  Execution cannot be effected against immoveables;

(3)  (Paragraph repealed);

(4)  The judgment debtor pays, as costs of execution, the bailiff’s fees and the sum of $10 if the amount of the judgment is $250 or less, or the sum of $20 if the amount of the judgment is more than $250. The excess amount of the costs of execution is paid by the Minister of Justice.

If the bailiff’s fees are not paid by the debtor, the Minister of Justice assumes them but he is then subrogated in the rights of the bailiff against the debtor.

(5)  Service of a writ of seizure by garnishment may be made by registered or certified mail.

1971, c. 86, s. 1; 1975, c. 83, s. 81; 1980, c. 21, s. 13; 1982, c. 32, s. 58; 1984, c. 46, s. 14.

1982-09-01

993. Compulsory execution of judgments is effected in accordance with Title Two of Book Four of this Code, subject to the following exceptions:

(1)  The clerk entrusted with the application of this book acts as seizing officer for the person in whose favour judgment has been rendered;

(2)  Execution cannot be effected against immoveables;

(3)  The publication or posting provided for in article 594 of this Code for the notice of sale is made by posting the notice at the office of the council of the municipality of the judgment debtor;

(4)  The judgment debtor pays, as costs of execution, the bailiff’s fees and the sum of $10 if the amount of the judgment is $250 or less, or the sum of $20 if the amount of the judgment is more than $250. The excess amount of the costs of execution is paid by the Minister of Justice.

If the bailiff’s fees are not paid by the debtor, the Minister of Justice assumes them but he is then subrogated in the rights of the bailiff against the debtor.

(5)  Service of a writ of seizure by garnishment may be made by registered or certified mail.

1971, c. 86, s. 1; 1975, c. 83, s. 81; 1980, c. 21, s. 13; 1982, c. 32, s. 58.

1981-01-01

993. Compulsory execution of judgments is effected in accordance with Title Two of Book Four of this Code, subject to the following exceptions:

(1)  The clerk entrusted with the application of this book acts as seizing officer for the person in whose favour judgment has been rendered;

(2)  Execution cannot be effected against immoveables;

(3)  The publication or posting provided for in article 594 of this Code for the notice of sale is made by posting the notice at the office of the council of the municipality of the judgment debtor;

(4)  The judgment debtor pays, as costs of execution, only five dollars if the amount of the judgment is one hundred dollars or less and ten dollars if the amount of the judgment is more than one hundred dollars.

The excess amount of the costs of execution after taxation by the clerk of the Provincial Court is paid by the Minister of Justice.

(5)  Service of a writ of seizure by garnishment may be made by registered or certified mail.

1971, c. 86, s. 1; 1975, c. 83, s. 81; 1980, c. 21, s. 13.

1977-12-31

993. Compulsory execution of judgments is effected in accordance with Title Two of Book Four of this Code, subject to the following exceptions:

(1)  The clerk entrusted with the application of this book acts as seizing officer for the person in whose favour judgment has been rendered;

(2)  Execution cannot be effected against immoveables;

(3)  The publication or posting provided for in article 594 of this Code for the notice of sale is made by posting the notice at the office of the council of the municipality of the judgment debtor;

(4)  The judgment debtor pays, as costs of execution, only five dollars if the amount of the judgment is one hundred dollars or less and ten dollars if the amount of the judgment is more than one hundred dollars.

The excess amount of the costs of execution after taxation by the clerk of the Provincial Court is paid by the Minister of Justice.

(5)  Service of a writ of seizure by garnishment may be made by registered or certified mail.

The garnishee may be condemned under article 634 if service is proved according to article 146.

1971, c. 86, s. 1; 1975, c. 83, s. 81.