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  5. Types of seizure and procedure

Types of seizure and procedure

If you are unable to pay back a debt, your creditor may apply to the courts for an order forcing you to pay the amount owed.

If the order is issued and you are still unable to pay the amount, your creditor may apply to seize your property or income in order to recover the money owed.

Types of seizure

Your creditor has a choice of three types of seizure:

If appropriate, your creditor may use all three types of seizure at the same time.

Procedure

Whatever the type of seizure, your creditor must instruct a bailiff, who will draw up and serve a notice of execution.

The bailiff is also responsible for publishing a notice of sale of your property, and for setting the sale price.

It is important to note that you are entitled to retain any property and income that is considered unseizable. 

If applicable, you can state your opposition to seizure or obtain release of seizure.

Last update: February 23, 2023

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