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C-25 - Code of Civil Procedure
Section 738
Disposition versions
738. The defendant may, within five days of service of the writ, demand that the seizure be quashed because of the insufficiency or the falsity of the allegations of the affidavit on the strength of which the writ was issued.
The demand is presented to a judge who quashes the seizure if the allegations contained in the affidavit are insufficient. In the opposite case, the judge refers the motion to the court and, if expedient, revises the extent of the seizure and makes any other useful order for safeguarding the rights of the parties.
The burden is on the seizing party to prove the allegations of his affidavit.
738. The defendant may, within five days of service of the writ, demand that the seizure be quashed because of the insufficiency or the falsity of the allegations of the affidavit on the strength of which the writ was issued.
If a proof is necessary, it must take place as soon as possible.
The burden is on the seizing party to prove the allegations of his affidavit.
738. The defendant may, within five days of service of the writ, demand that the seizure be quashed because of the insufficiency or the falsity of the allegations of the affidavit on the strength of which the writ was issued. In the first case, the judge disposes of the motion after hearing; in the second, he fixes a day for proof and hearing. This must take place as soon as possible, and if the plaintiff cannot then prove his allegations, the seizure will be quashed.
