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The execution notice: An essential document for executing a seizure

Seizure

Once you have obtained your judgment, you must execute a seizure upon your debtor if he or she does not comply voluntarily. Before you undertake the procedure for executing a seizure, it is to your advantage to ascertain your debtor’s financial situation by conducting an asset search.


In all cases, the bailiff must have the execution notice in his possession. Once the information has been obtained, you must determine which type of seizure you wish to execute:


  • Seizure of moveable property
  • Seizure of real property
  • Garnishment of wages
  • Seizure of a bank account
  • Etc.


Seizure of moveable propertyinvolves taking an inventory of the seizable assets belonging to the debtor. The debtor than has until the date of the sale determined by the bailiff to reach an agreement or pay the amount indicated in the judgment. If the debtor fails to comply, the bailiff sells the seized assets, up to the amount that is owed (note: many of the assets in a residence cannot be seized).


Garnishment of wagesis a procedure that forces the debtor’s employer to declare and withhold the seizable portion of the debtor’s income. You must have the name and address of the debtor’s employer in order to execute this type of seizure.


Seizure of a bank accountis a procedure that forces the debtor’s financial institution to declare and remit all amounts held by the debtor at the specific branch. You must know the name and address of the branch of the financial institution that the debtor deals with in order to execute this type of seizure.


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