2013 QCCQ 4322, 2013 QCCQ 4322
Opinion
Caisse Desjardins de Chibougamau c. Picard 2013 QCCQ 4322 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF ABITIBI TOWN OF AMOS « Civil Division »
N° : 640-22-000136-124 DATE : April 2, 2013 ______________________________________________________________________ BY THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ CAISSE DESJARDINS DE CHIBOUGAMAU Plaintiff-seizing creditor vs CHEYENNE PICARD Defendant and ANJABOWA CHILD AND FAMILY SERVICES CENTRE 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 and deposit pursuant to
section 641 of the Code . [ 2 ] A writ was issued on October 2, 2012, authorizing the seizure of the defendant’s salaries and wages by garnishment. [ 3 ] The aforesaid writ was served to the defendant Cheyenne Picard, and to the garnishee Anjabowa Child and Family Services Centre, in the manner provided by sections 634 and 146, alinea 2, of the Code . [ 4 ] The garnishee failed to fill a declaration of the employer and failed to deposit pursuant to
section 641 of the Code . [ 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, Anjabowa Child and Family Services Centre, as personal debtor of the amount of 40 931,00 $, with interest of 7.95 % per year and additional indemnity (1619 C.C.Q.) as of March 28, 2012, plus legal costs in the amount of 1 809,12 $, to be paid to the seizing creditor Caisse Desjardins de Chibougamau. [ 8 ] THE WHOLE with costs. __________________________________ CLAUDE BIGUÉ, J.C.Q. Me René Martineau Martineau, Daoust, Boulianne, Pelletier, avocats For the plaintiff Date of hearing : April 2, 2013
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