Forced execution

Seizure

There are several types of forced execution available to a creditor so that they can recover the amounts owed to them by the debtor.

Among these, we find the garnishment of wages which allows, according to a calculation formula established by the Ministry of Justice, to enter the garnish able portion out of the debtor's income. Of course, this varies depending on several factors that determine the portion of income that can be seized.

Then there is the seizure of bank accounts if you know which financial institution the defendant deals with. This allows us to freeze the bank account of the defendant. It is then possible to get partial payment from the defendants’ bank account, (assuming there is no contestation) or even, when there is sufficient liquidity, pay yourself in full.

Regarding the seizure of movable property, it is important to know that the Code of Civil Procedure provides in article 694 that the bailiff must leave $ 7,000 of movable property which garnishes the principal residence and which is essential to life.

There is a third-party seizure as well. If you believe that the defendant has assets deemed seizure worthy in the hands of a third party, such as goods, money owed to defendant by the third party and multiple other examples, we can proceed by way of third person seizure.  

Thus, according to the evaluation of your file, our bailiffs will be happy to explain the characteristics of each of them to determine which applicable measure is most likely to bear fruit in your file.

THE EVICTION

When a judgment is rendered in your favor and a debtor must return you to possession of a dwelling, our team is there so that everything is done according to the rules in force.

First of all, you should know that the judgment becomes enforceable at the end of the period provided for in the conclusions of the judgment. Thus, when the defendant does not cooperate of his own free will to leave the premises, the bailiff can force the departure of the defendant.

We must then serve a notice of eviction at least five days before the scheduled date. Consequently, the tenant is informed that he must have left the premises with his personal and movable effects, because failing to do so within this period, all that is left behind on the day of the eviction is deemed abandoned.

If they are able to be sold, the bailiff sells them in order to reduce the defendant's debt, but in cases where they have no market value, he can dispose of them at his discretion either by giving them away or throwing them away.

In this way your rights are protected and the tenant cannot come back against your responsibility by having disposed of his furniture without his authorization and against his will.

Seizure before judgment

Under what circumstances can property be seized before a judgment is rendered?

The primary purpose of seizure before judgment is above all a measure of protection and conservation in order to preserve the rights of each and everyone.

In fact, when property is seized before a judgment is rendered, it is because you have reason to believe that your debt is in danger or that you have a right in risky property or properties. Upon the seizure and removal of the property, a neutral custodian (other than the parties) is appointed until the end of the dispute.

Court ordered sales under judicial supervision

Regardless of the type of sale, our team works impartially to protect the interests of each party and to make the most of them for the benefit of all. Our ushers understand the importance of selling at a commercially reasonable price and more when possible. This is why our entire team has the contacts and a very wide network to reach the buyers most likely to offer the best prices.