PRE-JUDGMENT SEIZURE

What is pre-judgment seizure?

Pre-judgment seizure is a protective measure that secures your claim before a final judgment is reached. It prevents the debtor from concealing, selling, or damaging their assets during the proceedings. Depending on the nature of your claim, the bailiff's intervention will take one of two forms:


By right: Without permission from a judge, particularly when you claim a direct right to a specific asset.


With the authorization of the court: For a general seizure of the debtor's assets.

ELIGIBILITY REQUIREMENTS

To proceed with the execution, the file must include:


An originating application: The main procedure which accompanies the seizure (which must be certified as true by the party).


Evidence of risk (for authorized seizures): Demonstration of a serious and objective fear that recovery will be jeopardized if the debtor retains control of his assets.


A sworn statement: An affidavit demonstrating the validity of the claim and justifying the intervention.

EXECUTION PROCESS

Upon receipt of the compliant documents and, where applicable, the court order:


Immediate seizure: The bailiff intervenes to seize the identified assets (bank accounts, vehicles, equipment, inventory).


Security and storage: Physical goods are entrusted to a custodian or transferred to secure facilities to prevent their disappearance.


Emergency measures: If the goods are perishable or likely to depreciate rapidly (food, livestock), the bailiff applies immediate protective measures, which may include their early sale.

MANDATE us, it's quick and easy!

Submit your mandate.


Select the required service, provide the necessary information and documents, and our team will proceed with opening your file.

Make the deposit.


Submit your security deposit via Interac e-Transfer to depot@fcdhuissiers.ca. Upon receipt of funds in trust, we will proceed with the execution of your mandate according to the selected timelines.

That's it!


Once the mandate is completed, a detailed invoice will be sent to you and any excess balance will be fully refunded.