In the majority of execution files, the legal costs incurred are the responsibility of the debtor (the one who owes money). The other part of the costs (extra-judicial) is the responsibility of the creditor (applicant).
It is possible to add the expenses incurred in a case of expulsion, however, you have to be conscious that if the debtor does not work and has no property of any value, it may be difficult to recover any amount. A payment agreement taken by the bailiff can allow us to collect some sums; it is the bailiff who is in charge that has the responsibility to find the best solution.
There are several forms of execution, the most common are:
L’avis d’exécution en matière d’expulsion
Following the receipt of your decision from the “Régie du Logement” and once the legal deadlines has expired; this notice of execution is the starting point of the eviction process of a tenant. It must be prepared by our team of qualified legal technicians and approved by one of our bailiffs in charge. This document is then served by a bailiff and gives the tenant a period of 5 days to leave.
If the tenant leaves, the file will be close regarding the eviction. You must then notify our team as soon as possible in order to suspend the procedures with a minimum of costs for you. At this point, you still have to expect about $ 500 in fees: that’s where the amount for the deposit comes from. These expenses include the management of the file, the vacations at the Courthouse and at the “Régie du Logement”, the preparation of the documents, the serving of the 5-day notice, the planning for the movers (if applicable) and the communications with the various professionals involve (city, social worker, manager, caretaker, etc.).
If the tenant has not left the premises or if he has left a large number of properties on the premises, the fees are adjusted according to the time required on the eviction site for the bailiff and the mover (if required) to complete the execution.
It is therefore difficult to predict an exact cost for an eviction. We invite you to contact one of our customer service team members for more information.
In order to begin the eviction process, you must return the completed fee agreement, together with your instructions, a copy of your decision and an amount on deposit.
The notice of execution for seizure of personal property
This document, prepared by our team of qualified legal technicians and approved by one of our responsible bailiffs, is required to proceed with a seizing of the personal properties of a debtor (the one who owes money).
As a first step, the bailiff may attempt to make a payment agreement with the debtor. Failing agreement or on direct instruction of the creditor (the applicant), a seizure will be made. Therefore, an inventory of the debtor's seizable properties will be drawn up, a notice of sale will be published on the Sales Register (www.registredesventes.justice.gouv.qc.ca), a sale under judicial control will take place at the debtor's home and money thus collected will be given to you, the judicial costs in less.
In order to begin the process of seizure of personal property, you must return the completed Fee Agreement, together with your instructions, a copy of your decision or judgment and an amount on deposit.
The notice of execution for seizure of sums
Mainly used to seize bank accounts, this type of seizing is relatively simple; you just have to give us the bank account information (ideally the branch) where you believe your debtor has assets. Then, the notice of execution is prepared by our team of qualified legal technicians and approved by one of our responsible bailiff.
Following the receipt of the notice of execution, the bank (the trust, the broker, etc.) has 10 days to declare the amounts belonging to the debtor in their possession at the time of the seizure. The latter must then pay us the sums we will give you, less legal fees.
In order for the garnishment process to be completed, you must return the completed Fee Agreement, together with your instructions, a copy of your decision or amount on deposit.