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  6. To benefit from the voluntary deposit procedure

To benefit from the voluntary deposit procedure

To benefit from the voluntary deposit procedure, you must undertake:

  • to make regular payments to the office of the Court of Québec; the amount of each payment cannot be less than the seizable portion of your income and the undertaking must be made by means of a declaration, which is deemed sworn;
  • to inform the court office of any change in your financial situation;
  • to update the information in your file each year.

As the debtor, you are the only person who can decide to file a declaration for voluntary deposit. Nobody can force you to do so.

Income already seized

If your income has already been seized, you can still benefit from voluntary deposit, but you must respect your undertaking to pay the seizable portion of your income.

If only your property has been seized, you can apply for voluntary deposit, but this will not affect the seizure of your property.

Contestation

Your creditors may contest your declaration at the court where it was filed, for example if you failed to declare all your income. The contestation must be filed within 15 days after the creditor or interested party becomes aware of your declaration. The clerk may not refuse to register you for voluntary deposit.

Last update: February 23, 2023

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