C-25 - Code of Civil Procedure

Section 604 Disposition versions

1994-01-01

604. The creditors of the debtor cannot oppose the seizure or the sale.

However, prior and hypothecary creditors may exercise their rights upon the proceeds of the sale; for that purpose, they file with the seizing officer, within 10 days after the sale, a statement of their claim, supported by an affidavit and the necessary vouchers, which documents must also be served on the debtor. Within 10 days of service of a statement of a prior or hypothecary claim, the debtor may apply to the court or to the judge to contest the claim.

1965 (1st sess.), c. 80, a. 604; 1992, c. 57, s. 314.

1977-12-31

604. The creditors of the debtor, for any reason, even for rental, cannot oppose the seizure or the sale; they can only exercise their privilege upon the proceeds of the sale, by opposition for payment. Such opposition must be served at the latest on the tenth day after the sale, and is made and contested in the manner set forth in articles 600, 601 and 602.

1965 (1st sess.), c. 80, a. 604.