In Quebec, a seizure is the legal process by which a bailiff places a debtor’s property under judicial control, either to enforce an unpaid judgment or to protect a creditor’s rights while a case is still before the court. There are two types: seizure after judgment, which enforces a decision already rendered, and seizure before judgment, which secures property before a decision is made.
This article explains how each one works, what can and cannot be seized and what creditors should prepare.
Seizure before and after judgment at a glance
| Type | Seizure before judgment | Seizure after judgment |
| Purpose | Protect property while the case is pending | Enforce an unpaid judgment |
| When | Before the court rules a final judgment | Once the judgment is enforceable |
| Authorization | In most cases, requires court authorization | The judgment itself is the basis |
| What happens to the property | Held under judicial control until judgment | Sold or recovered to pay the amounts owed |
| Carried out by | A bailiff | A bailiff |
What is a seizure after judgment?
A seizure after judgment is the enforcement of a judgment that has not been paid. Winning a case does not mean the money arrives on its own. When a debtor does not pay, the creditor can mandate a bailiff to execute the judgment.
How it works?
1. The judgment becomes enforceable. Once the delays set by law have expired, the creditor or their lawyer sends the judgment to our firm.
2. The notice of execution is issued and served. The bailiff prepares a notice of execution, which is filed with the court and served on the debtor and garnishees. This formally begins the enforcement process.
3. Property is seized. Depending on what the debtor owns, the bailiff may seize:
- Movable property, such as vehicles, equipment, inventory and furniture
- Amounts held by third parties, such as bank accounts or sums owed to the debtor by clients
- A portion of wages, through the debtor’s employer
- Immovable property, in certain cases where the law permits
4. The amounts owed are recovered. Seized property may be sold under judicial sale, and the proceeds are applied to the debt. Amounts seized from a bank or an employer are remitted according to the rules of civil procedure.
What is a seizure before judgment?
A seizure before judgment is a protective measure. It allows property to be placed under judicial control before the court rules a final judgment, when there is reason to fear that the creditor’s ability to recover the debt could be jeopardized. Typical situations include a debtor who is liquidating their assets and moving or transferring property.
How it works?
In most cases, the creditor must obtain authorization from the court, supported by a sworn declaration setting out the facts that justify the seizure. Once authorized, a bailiff executes the seizure and places the property under judicial control.
Why timing matters?
A seizure before judgment is only useful if it happens before the property disappears. When a file raises this kind of concern, speed of execution is often the deciding factor.
What creditors should prepare for a seizure?
A complete file moves faster. Before contacting a bailiff, gather:
- The judgment or the court authorization
- The debtor’s full name and address, as they appear on the judgment
- Known assets, such as vehicles, equipment or business premises
- Banking information or employer details, if known
Common mistakes to avoid
- Waiting too long after judgment.
- Sending an incomplete file. Missing information about the debtor’s bank, employer or property often means extra steps before anything can be seized.
- Taking property yourself. Only a bailiff can seize property. A creditor who takes back goods on their own, even with a judgment, exposes themselves to legal consequences.
How QCO can help
QCO handles seizures before and after judgment across greater Montreal Island, Laval, Longueuil and the North and South Shores. We review the judgment or authorization, execute the seizure and document every step in an official report.
Proof. Neutrality. Compliance
This article provides general information concerning seizures in Quebec and does not constitute legal advice. The procedure and requirements applicable to a seizure may vary depending on the judgment, the type of property involved and the circumstances of each file.
If you have obtained a judgment or authorization from the court and are considering a seizure, contact our office. A bailiff can review the mandate, explain the enforcement process and take care of the seizure from start to finish.