2013 QCCQ 14652, 2013 QCCQ 14652

Caisse populaire Desjardins de Lac Mistassini c. Jolly 2013 QCCQ 14652 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI TOWN OF AMOS « Civil Division » N° : 640-22-000101-128 DATE : October 18, 2013 ______________________________________________________________________ BY THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ CAISSE POPULAIRE DESJARDINS DE LAC MISTASSINI Plaintiff-seizing creditor vs PETER DAVID JOLLY Defendant and ROMAN CONTRACTING SERVICES INC.

Garnishee ______________________________________________________________________ Judgment condemning a garnishee who fails to declare or deposit (Section 634 of the Code of civil procedure ) ______________________________________________________________________ [ 1 ] The seizing creditor submits an inscription for judgment pursuant to

section 634 of the Code of civil procedure , asking that the garnishee be condemned as personal debtor of the seizing creditor, since the garnishee failed to declare pursuant to

section 641 of the Code . [ 2 ] A writ was issued on May 1, 2013, authorizing the seizure of the defendant’s salaries and wages by garnishment. [ 3 ] The aforesaid writ was served to the defendant, and to the garnishee, in the manner provided by sections 634 and 146, alinea 2, of the Code . [ 4 ] The garnishee failed to fill a valid declaration of the employer pursuant to

section 641 of the Code , despite two letters sent to the garnishee, on May 29 and June 26, 2013, asking to fill the form of the employer’s declaration. The deposit of the seizable portion of the defendant’s salary is not sufficient. The employer’s declaration has to be filled in order for the plaintiff the receive the seizable portion already deposited. [ 5 ] The seizing creditor is well founded to ask that the garnishee be condemned as personal debtor according to

section 634 of the Code . [ 6 ] FOR THESE REASONS, THE COURT: [ 7 ] CONDEMNS the garnishee, Roman Contracting Services inc., as personal debtor of the amount of 25 834,29 $, with interest of 6.98 % per year and additional indemnity (1619 C.c.Q. ) as of December 13, 2011, plus legal costs in the amount of 848,04 $, to be paid to the seizing creditor Caisse Populaire Desjardins de Lac Mistassini. [ 8 ] THE WHOLE with costs. __________________________________ CLAUDE BIGUÉ, J.C.Q. Me René Martineau Martineau, Daoust, Boulianne, Pelletier, avocats For the plaintiff-seizing creditor

Date of hearing : October 14, 2013