C-25.01 - Code of Civil Procedure

Section 566 Disposition versions

2016-01-01

566. The judgment creditor may themselves draw up the notice of execution if the only execution measure is seizure of the debtor’s income in the hands of a third person. The notice is signed and filed in the court office by the court clerk then notified by the creditor to the debtor and the garnishee. It directs the garnishee to notify a declaration to the creditor and the court clerk and remit to the latter the seizable portion of what the garnishee owes to the debtor. The creditor notifies the declaration to the debtor.

The ensuing administration of the seizable portion of the debtor’s income, including its receipt and distribution, is entrusted to the court clerk.

If incidental applications are filed in relation to execution of the judgment, the court clerk informs without delay the parties and, if applicable, the bailiff, and calls the parties to a hearing on a specified date.

The court clerk may assist the creditor in the execution of the judgment.

2014, c. 1, a. 566.