Questions & Answers
If, for example, it happens on the Internet (Facebook, Twitter, etc.), it is possible to formulate a professional and thorough Internet statement. The bailiff is the professionnal acting between the judicial system and the citizens.
All of Quebec's bailiffs officers are regulated by a government decree tariff voted by the Conseil des Ministres et l'Assemblée Nationale of Quebec. This tariff includes all priced acts that a bailiff can deliver upon a judicial act.
Another tariff, this time voted by the Board of Directors of the Chambers of bailiff of Quebec, includes the fees of all of the acts that a bailiff must perform in his field of work and which are not subjected to the government decree.
E.g. issuing a procedure at the courthouse, deposit of the original procedure at the courthouse, writing a writ of expulsion or seizure, etc.
Whether the task is of a judicial or extrajudicial nature the bailiff fees includes the proceedings, the distance (kilometers), and his time. Costs can range between 40 $ and 200 $.
For more information, please contact our customer service by phone or write to us on our website.
This is a bad idea. You can't do yourself justice.
If the tenant calls the police because you invited him to leave by different means of pressure (like repeated telephone calls, for example), you could be charged under the Canadian Criminal Code of justice for intimidation, threat, harassment, etc. In short, doing yourself justice is not something you should take lightly just to avoid executing the Regie's decisions by the rules.
The answer is no. Unfortunately I can't do anything for you in this case.
Without a writ of expulsion, a bailiff can't expel a tenant because the lease has ended. If the tenant doesn't evacuate the premises you will have to contact the Regie and follow the procedures.
It is also true that you could get claims for damages from the new tenant that couldn't move in as planned on the 1st of July. Therefore, is it important to act as fast as possible when you obtain a writ of expulsion, or a salary, bank account, or furniture seizure order.
Yes, if you obtain a writ of seizure before judgment claiming as the owner of the property.
A bailiff can in fact go to your ex-partner with or without you to recover your belongings if they are not willing to give them back. In order to act as such, you will need a writ of seizure before judgment in which all of the belongings are faithfully described. Only the described belongings can be recovered. If you forgot something in the writ of seizure, you unfortunately won't recover it.
The seized belongings will be taken out of the house and transported by a mover to a legal guardian who will keep them until a final judgement is rendered.
Another possibility could be that your ex-partner would willingly give you back your belongings. In that case, a bailiff could go with you to identify the belongings in order to write a list or take photos of them in order to protect both parties.
Yes your claim can be collocated if an "Avex" file is already open . Otherwise, you must obtain a notice of execution before judgment in order for the bailiff to seize property.
In this case, I ask the plaintiff to address a lawyer who can transmit a wit of seizure before judgment. When the final judgment was rendered, we executed it by seizing the belongings from the debtor to sell them in court in order to pay the plaintiff's claim. It is impossible for a bailiff to act without any form of judicial procedure.
It is possible for the bailiff to amicably collect belongings.
As soons as the bailiff as your claim in his hands he contacts the debtor to be acquainted with his intentions. Whatever the outcome of the final agreement, it will be transferred to you and you can choose to accept or refuse it. An agreement sheet will then be forwarded to you and the debtor.
Each amount of money that is transferred to us will then be handed to you, minus the legal fees and/or pre-established extra legal fees. In the eventuality that your debtor doesn't come to terms with an agreement you can address the appropriate Court to obtain a judgment.
You can ultimately get more help by reaching 450-654-6511 or 1-800-363-0014 - EfficaCité agence de recouvrement Inc. The staff will help you by legal means to recover your debts.