C-25, r. 2 - Ministerial Order respecting the notice to the defendant, notice to the defendant in family matters, notice to the debtor, and notice setting out options available to the defendant, pursuant to articles 119, 580.1, 813 and 964 of the Code of Civil Procedure

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-25, r. 2

Ministerial Order respecting the notice to the defendant, notice to the defendant in family matters, notice to the debtor, and notice setting out options available to the defendant, pursuant to articles 119, 580.1, 813 and 964 of the Code of Civil Procedure

Code of Civil Procedure

(chapter C-25).

1. Commencing on 1 January 2003, the texts of the notice to the defendant, notice to the defendant in family matters, notice to the debtor, and notice setting out the options available to the defendant, pursuant to articles 119, 580.1, 813 and 964 of the Code of Civil Procedure (chapter C-25), shall reproduce the texts provided for in Schedules 1, 2, 3, and 4 attached to this Order.

M.O. 2128.

SCHEDULE 1

(art. 119, CCP)

NOTICE TO DEFENDANT

Take notice that the plaintiff has filed this action or application in the office of the ______________________________ (Name of court) of the judicial district of ______________________________.

To file an answer to this action or application, you must first file an appearance, personally or by advocate, at the courthouse of ______________________________ located at ______________________________ within 10 days of service of this motion.

If you fail to file an appearance within the time limit indicated, a judgment by default may be rendered against you without further notice upon the expiry of the 10-day period.

If you file an appearance, the action or application will be presented before the court on ______________________________, at __________, in room __________ of the courthouse. On that date, the court may exercise such powers as are necessary to ensure the orderly progress of the proceeding or the court may hear the case, unless you have made a written agreement with the plaintiff or the plaintiff’s advocate on a timetable for the orderly progress of the proceeding. The timetable must be filed in the office of the court.

In support of the motion to institute proceedings, the plaintiff discloses the following exhibits:

These exhibits are available on request.

Request for transfer of a small claim

If the amount claimed by the plaintiff does not exceed $7,000, exclusive of interest, and if you could have filed such an action as a plaintiff in Small Claims Court, you may make a request to the clerk for the action to be disposed of pursuant to the rules of Book VIII of the Code of Civil Procedure (chapter C-25). If you do not make such a request, you could be liable for costs higher than those provided for in Book VIII of the Code.

M.O. 2128, Sch. 1; M.O. 2129.

SCHEDULE 2

(arts. 119 and 813, CCP)

NOTICE TO DEFENDANT IN FAMILY MATTERS

Take notice that the plaintiff has filed this application in the office of the Superior Court of the judicial district of ______________________________.

To file an answer to this application, you must file an appearance, personally or by advocate, at the courthouse of ______________________________ located at ______________________________ within 20 days of service of this motion or, if service is effected outside Québec, within 40 days of service.

If you fail to file an appearance within the time limit indicated, a judgment by default may be rendered against you without further notice upon the expiry of the 20-day period or the 40-day period.

If you file an appearance, the application will be presented before the court on ______________________________, at __________ in room __________ of the courthouse. On that date, the court may exercise such powers as are necessary to ensure the orderly progress of the proceeding or the court may hear the case, unless you have made a written agreement with the plaintiff or the plaintiff’s advocate on a timetable for the orderly progress of the proceeding. The timetable must be filed in the office of the court.

In support of the motion to institute proceedings, the applicant discloses the following exhibits:

These exhibits are available on request.

M.O. 2128, Sch. 2; M.O. 2129.

SCHEDULE 3

(art. 580.1, CCP)

NOTICE TO DEBTOR

You have not paid the debt you owe your creditor. The property you possess is therefore seized and is entrusted to you until judicial sale, unless the court entrusts it to the custody of another person.

You may withdraw from seizure the movable property which furnishes your main residence, used by and necessary for the life of the household, up to a market value of $6,000 determined by the seizing officer, and the instruments of work needed for the personal exercise of a professional activity, unless such movables are seized for sums owed on the price or seized by a creditor holding a hypothec thereon.

If you have any right to assert against the seizure, you may subsequently oppose it.

As guardian of the property under seizure, you have the obligation to keep it and take good care of it until the sale. If you do not comply with this obligation, you may be found guilty of contempt of court, which can entail a fine or imprisonment; you may also be ordered to pay damages as compensation for the injury your creditor might suffer.

If you fail to pay, the property seized will be sold by public auction and the debt will be paid to the creditor out of the proceeds of that sale up to the amount of the debt, including interest and costs; you will have the right to determine the sequence in which the seized property will be sold.

It is in your interest, therefore, to prevent the sale of your property, to make whatever arrangements are necessary with whomever it may concern.

For further information, we suggest that you consult an advocate.

M.O. 2128, Sch. 3; M.O. 2129.

SCHEDULE 4

(art. 964, CCP)

NOTICE OF DEFENDANT’S OPTIONS

The plaintiff has filed this statement of claim in the office of the Small Claims Division of the Civil Division of the Court of Québec.

Take notice that you have the following options and that if you fail to indicate an option to the clerk within 20 days of this notification, judgment may be rendered against you without further notice or extension:

— you may pay the amount claimed and the plaintiff’s disbursements, either to the clerk or to the plaintiff, in the latter case, forwarding proof of payment or the acquittance obtained from the plaintiff to the clerk;

— you may make a settlement with the plaintiff and send a copy of the agreement signed by the plaintiff and yourself to the clerk; or

— you may contest the merits of the action and so advise the clerk, specifying the grounds for the contestation. In that case, you may: request that the dispute be referred to mediation; apply for the referral of the case to another judicial district or to another court, specifying the grounds for your request; request that another person be impleaded to allow a complete resolution of the dispute, in which case you must inform the clerk of the person’s name and last known address; and make a counter-claim against the plaintiff provided it arises out of the same source as the plaintiff’s claim or from a related source and is admissible under the Book respecting small claims.

M.O. 2128, Sch. 4.

REFERENCES

M.O. 2128, 2002 G.O. 2, 6491

M.O. 2129, 2003 G.O. 2, 127