Enforcement - Montreal

Methods and conditions of enforcement of a court decision

If you wish to have your decision enforced, you must send us the original or certified copy of the ruling, as well as the bailiff instruction form, providing the following information:

• Your contact information (Name, address, telephone number and email address);
• Information concerning the tenant(s) or debtor(s) (Name, address, telephone number, e-mail address and any other relevant information);
• Information regarding the garnishee (name, address, telephone number, e-mail address and any other relevant information), if applicable.

Tenant eviction

• Since the introduction of the new Quebec Code of Civil Procedure on January 1, 2016, all activities related to the eviction of a tenant are under the full responsibility of the bailiff.
• The bailiff is responsible for drafting the notice of execution, serving it to the tenant and for the eviction. Please note that the tenant has five (5) days from the date of service of the notice of execution to leave the premises. At the end of this period, the bailiff in charge of the case will take action, while remaining impartial, respectful and honest. In addition, the bailiff ensures that the eviction goes smoothly in the interest of all parties involved.
• If the tenant leaves movable property on the premises, he will be deemed to have abandoned it. The bailiff may sell the movable property in favour of the creditor (owner). If the property is not likely to be sold, the bailiff may donate it to a charity. 
• If the property is not likely to be sold or given away, the owner of the said property may dispose of the property at his or her discretion.
• The main steps in evicting a tenant are as follows:
•  The landlord must send a formal notice to the tenant asking him to pay the unpaid rent;
• Once the formal notice has been served, the owner of the dwelling opens a file at the Housing Administrative Tribunal with proof that he has given the tenant the said formal notice;
• The housing authority sends the tenant and the landlord a ''Notice of Hearing'' requesting them to appear before the Administrative Tribunal;
• Hearing and decision of the Housing Administrative Tribunal;
• Receipt of the certified copy of the ruling;
• Issuance of the ruling (opening of the file in court);
• Drafting of the execution notice;
• Service of the execution notice to the tenant (the five-day period begins at that moment);
• Eviction of the tenant (if applicable).

Income execution

In the case of a wage attachment, the bailiff must prepare the notice of execution, which will then be served to the garnishee and the defendant.

The garnishee must, within 10 days of service of the notice of execution, send the bailiff a declaration from the garnishee indicating the status of the debtor within his company.

An employer who fails to comply with the notice of execution by failing to declare, withhold or deposit money, or makes a declaration which proves to be false, may be ordered to pay the amount due to the seizing creditor as if he were himself a debtor.

In addition to being responsible for drafting and serving the notice of execution, the bailiff is responsible for receiving and administering the amounts, i.e. the seizable portion of the debtor's salary that the employer has received. These amounts are collected and deposited in a trust account. Then, the bailiff distributes the said amounts every three months (quarterly) or every month (monthly) in the case of a maintenance claim.

A judgment is valid for a period of 10 years

Upon receipt of all amounts due and upon request, the bailiff is responsible for giving a discharge. To this effect, the bailiff must notify a payment notice to the creditor, as well as to the debtor. The creditor has a period of 15 days, following the notification, to contest the said payment notice. In the absence of any dispute, the bailiff shall give a discharge.

In summary, the main steps are as follows:

• Issuance of the judgment (opening of the file in court
• Drafting of the execution notice
• Notification of the garnishee (employer) and the debtor
• Receipt of the declaration from the garnishee (employer)
• Collection of the seizable portion of the debtor's salary
• Remittance of the amounts received to the creditor (every three months)
• Notification of the payment notice to the creditor and the debtor
• Release of the employer
• Discharge

Enforcement on the bank account

• If you prefer to seize the bank account, the banking institution (garnishee) must, within 10 days following the service of the execution notice, send the bailiff a declaration mentioning the bank account(s) seized. The garnishee who fails to report is, upon registration for judgment, condemned to pay the distrainor's claim as if he himself were a debtor.
• Afterwards, the bailiff submits the declaration of the banking institution at the court registry. The bailiff must then wait 10 days after the filing of the declaration in court before he can initiate any other procedure. If there has been no dispute and no other creditor has appeared during the said 10-day period, the bailiff may remit the sums seized to the distraining creditor.
• In summary, the main steps are as follows:
• Issuance of the ruling (opening of the file in court);
• Drafting of the execution notice;
• Service to the garnishee (bank) and the debtor;
• Receipt of the declaration from the garnishee (bank);
• Filing of the declaration of the garnishee at the court registry;
• Collection and remittance of the money received to the creditor;
• Bank discharge to release the debtor's account;
• Receipt

Enforcement on movable property

• If you choose this method of seizure, you must ensure that the debtor owns assets that can be sold in favour of the creditor.
• For this type of seizure, the bailiff issues a movable property seizure report while leaving a property market value of $7,000.00 to the debtor, in compliance with the principles of the Code of Civil Procedure. However, only surplus assets can be seized. In addition, some assets are exempt from seizure.
• The main steps in the seizure of movable property are as follows:
• Issuance of the ruling (opening of the file in court);
• Drafting the enforcement notice;
• Service and enforcement of the notice of execution including the drafting of the seizure report (may require opening of an application in court);
• Sale notice and, if applicable, verification of rights holders (30 days before sale);
• Sale;
• Remittance of the money received to the creditor;
• Receipt
• Execution on immovable property
• If you wish to enforce your judgment by seizing a building (primary residence), the debt value must be superior to $ 20,000.00.

At your service!

All cases differ from one another. The enforcement steps and the outcome may vary depending on the case.
For more information, do not hesitate to contact our team at Foisy Labrecque, huissier de justice inc. Located in the borough of LaSalle (Montreal), we will assist you with the different steps of the enforcement of your ruling and will build on our know-how, experience and professionalism to ensure you are fully confident throughout the process.