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Forced execution of a judgment

If the losing party (the debtor) in the case fails to pay the amount specified within the time limit, you, as the creditor, can take the following measures to force execution: 

  • examine the debtor on his or her property and income;
  • seize the debtor’s movable property (for example, a car);
  • seize other property owned by the debtor but in the possession of a third party (for example, the debtor’s wages or bank balance);
  • seize immovable property belonging to the debtor, with the exception of the debtor’s main residence.

Seize the debtor’s income

A creditor who has obtained a favourable judgment in small claims court to seize the debtor’s income must fill out form Small Claims Notice of Execution (SJ-1103A) (PDF 279 Kb), provided that this is the only enforcement measure that he undertakes in respect of the debtor and because the latter is not subject to the seizure of his income. 

Intervention by a bailiff

You cannot take measures to force execution yourself. You must act through a bailiff, except if the only measure planned is to seize the debtor’s income in the hands of a third person.

The bailiff’s fees are paid by the debtor, within the limits provided by law.

Last update: January 23, 2024


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