Declaration by a garnishee

After receiving a notice of execution, the garnishee (the person in possession of your property) has 10 days to to declare to the bailiff the amount, cause and terms of his or her current or potential indebtedness to you at the time the declaration is made.

The garnishee must provide, with the declaration, a detailed statement of any of your property that is in the garnishee's possession, specifying under what title the property is held. The garnishee must disclose any seizures made in the garnishee's hands.

On the seizing creditor's or the bailiff's express request, the garnishee is required to submit to an examination to complete the garnishee's declaration. Any difficulty raised during the examination must be submitted to the court for a decision.

Contestation of the declaration

After receiving the garnishee’s declaration, the bailiff files it at the court office and notifies it to the seizing creditor and the debtor. You, as the debtor, and your creditor have 10 days to contest the garnishee’s declaration.

Negative declaration

If the garnishee declares that he or she does not hold any money or property belonging to you (the debtor), you may obtain a release of seizure from the bailiff.

Last update: February 23, 2023


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