35. Failing payment of the amount claimed within the delay specified in the notice, the Bureau shall present a motion to the Superior Court sitting in the district where the property offered as security is situated for an order enjoining the seizure of the property in execution.
Such motion, supported by the affidavit of a representative of the Bureau, shall by served by a bailiff or by the secretary-treasurer or clerk of the local municipality in whose territory the property offered as security is situated, and must be accompanied by a notice of the place, date and time of presentation. The delay for such notice shall be that for ordinary actions.
If the Bureau establishes to the satisfaction of the judge that it had no knowledge of the death of a borrower, the collective summons contemplated in article 116 of the Code of Civil Procedure (chapter C-25) may be made within five years of such death.
1975, c. 33, s. 35; 1996, c. 2, s. 619.