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C-25 - Code of Civil Procedure

Section 647
Disposition versions

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647. Ten days after the first garnishee’s declaration is served on the debtor, the moneys the garnishee has deposited are paid by the clerk to the seizing creditor on written demand, unless an opposition other than an opposition to a seizure for non-payment of support, subject to the second paragraph of article 599, or a claim has been filed.
If a claim has been filed, the clerk, after collocating the seizing creditor for his costs, must distribute among the creditors, in proportion to their claims, the amounts deposited and have sent to each creditor at his last known address the amount to which he is entitled.
However, the clerk must then pay exclusively to the person entitled to support the difference between the moneys seized in accordance with the last paragraph of article 553 and that part of all income that is ordinarily seizable. Furthermore, he must pay to the person entitled to support, out of that part, the amounts required to make the total of the sums distributed to him equal to at least one-half of the moneys deposited every month, up to such amounts as may be due to him, and this does not affect his right to be collocated for his share with the other creditors.
The distribution to the creditors must be made at least once every three months but it must be made at least once every month to the person entitled to support.
No claim by the spouse of the debtor based upon a marriage or civil union contract shall be paid until all other claims have been paid.
When the claims of the seizing creditor and other claimants have been paid, the clerk shall so inform the debtor and the garnishee.
1965 (1st sess.), c. 80, a. 647; 1980, c. 21, s. 9; 1981, c. 14, s. 17; 1992, c. 57, s. 420; 1993, c. 72, s. 11; 2002, c. 6, s. 103.
647. Ten days after the first garnishee’s declaration is served on the debtor, the moneys the garnishee has deposited are paid by the clerk to the seizing creditor on written demand, unless an opposition other than an opposition to a seizure for non-payment of support, subject to the second paragraph of article 599, or a claim has been filed.
If a claim has been filed, the clerk, after collocating the seizing creditor for his costs, must distribute among the creditors, in proportion to their claims, the amounts deposited and have sent to each creditor at his last known address the amount to which he is entitled.
However, the clerk must then pay exclusively to the person entitled to support the difference between the moneys seized in accordance with the last paragraph of article 553 and that part of all income that is ordinarily seizable. Furthermore, he must pay to the person entitled to support, out of that part, the amounts required to make the total of the sums distributed to him equal to at least one-half of the moneys deposited every month, up to such amounts as may be due to him, and this does not affect his right to be collocated for his share with the other creditors.
The distribution to the creditors must be made at least once every three months but it must be made at least once every month to the person entitled to support.
No claim by the spouse of the debtor based upon a marriage contract shall be paid until all other claims have been paid.
When the claims of the seizing creditor and other claimants have been paid, the clerk shall so inform the debtor and the garnishee.
1965 (1st sess.), c. 80, a. 647; 1980, c. 21, s. 9; 1981, c. 14, s. 17; 1992, c. 57, s. 420; 1993, c. 72, s. 11.
647. Ten days after the first garnishee’s declaration is served on the debtor, the moneys the garnishee has deposited are paid by the prothonotary to the seizing creditor on demand, if no opposition or claim has been filed.
If a claim has been filed, the prothonotary, after collocating the seizing creditor for his costs, must distribute among the creditors, in proportion to their claims, the amounts deposited and have sent to each creditor at his last known address the amount to which he is entitled.
However, the prothonotary must then pay exclusively to the person entitled to support the difference between the moneys seized in accordance with the last paragraph of article 553 and that part of all income that is ordinarily seizable. Furthermore, he must pay to the person entitled to support, out of that part, the amounts required to make the total of the sums distributed to him equal to at least one-half of the moneys deposited every month, up to such amounts as may be due to him, and this does not affect his right to be collocated for his share with the other creditors.
The distribution to the creditors must be made at least once every three months but it must be made at least once every month to the person entitled to support.
No claim by the spouse of the debtor based upon a marriage contract shall be paid until all other claims have been paid.
When the claims of the seizing creditor and other claimants have been paid, the prothonotary shall so inform the debtor and the garnishee.
1965 (1st sess.), c. 80, a. 647; 1980, c. 21, s. 9; 1981, c. 14, s. 17.
647. Ten days after the garnishee’s declaration, the moneys deposited are paid by the prothonotary to the seizing creditor on demand, if no opposition or claim has been filed.
If a claim has been filed, the prothonotary, after collocating the seizing creditor for his costs, must distribute among the creditors, in proportion to their claims, the amounts deposited and have sent to each creditor at his last known address the amount to which he is entitled.
However, the prothonotary must then pay exclusively to the person entitled to support the difference between the moneys seized in accordance with the last paragraph of article 553 and that part of all income that is ordinarily seizable. Furthermore, he must pay to the person entitled to support, out of that part, the amounts required to make the total of the sums distributed to him equal to at least one-half of the moneys deposited every month, up to such amounts as may be due to him, and this does not affect his right to be collocated for his share with the other creditors.
The distribution to the creditors must be made at least once every three months but it must be made at least once every month to the person entitled to support.
No claim by the spouse of the debtor based upon a marriage contract shall be paid until all other claims have been paid.
When the claims of the seizing creditor and other claimants have been paid, the prothonotary shall so inform the debtor and the garnishee.
1965 (1st sess.), c. 80, a. 647; 1980, c. 21, s. 9.
647. Ten days after the garnishee’s declaration, the moneys deposited are paid by the prothonotary to the seizing creditor on demand, if no opposition or claim has been filed.
If a claim has been filed, the prothonotary, after collocating the seizing creditor for his costs, must, at least once every three months, distribute reteably among the creditors the amounts deposited and have sent to each creditor at his last known address the amount to which he is entitled.
No claim by the spouse of the debtor based upon a marriage contract shall be paid until all other claims have been paid.
When the claims of the seizing creditor and other claimants have been paid, the prothonotary shall so inform the debtor and the garnishee.
1965 (1st sess.), c. 80, a. 647.
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