2011 QCCQ 8649, 2011 QCCQ 8649

Gavan c. Nembhard 2011 QCCQ 8649 COURT OF QUEBEC «Small Claims Division» CANADA PROVINCE OF QUEBEC DISTRICT OF HULL TOWN OF GATINEAU Civil Division No: 550-32-018850-104 DATE: July 12 th, 2011 ______________________________________________________________________ Me Patrice Hallé Greffier de la Cour du Québec ______________________________________________________________________ GAIL GAVAN Plaintiff v.

ANDRÉ RAOUL NEMBHARD Defendant ______________________________________________________________________ AGREEMENT TO SUSPEND THE EXECUTION OF A JUDGMENT ______________________________________________________________________ WHEREAS , the Plaintiff issued an application against the Defendant, September 3rd, 2010; WHEREAS , by judgement on June 3rd, 2011 the Court condemned the defendant to pay to the Plaintiff $ 7000.00 plus the interest at a rate of 5% per year and the additional indemnity, starting July 23rd, 2010 and the judiciary fees of the amount of $ 159.00; WHEREAS , the Plaintiff seizured the Defendant 's accounts at the Montreal Bank; WHEREAS , the Defendant issued, on June 28 th 2011, a motion for revocation of judgment; WHEREAS , the defendant issued a motion to oppose the seizure by garnishment; THE PARTIES AGREE THE FOLLOWING : [ 1 ] The Defendant recognizes the judgment issued June 3rd, 2011; [ 2 ] The Defendant withdraws his motion for revocation of judgment and his motion to oppose the seizure by garnishment; [ 3 ] The Plaintiff gives discharge to the seizure by garnishment to the Defendant at the Montreal Bank, 320 St Joseph Blv, Gatineau, Québec, of the following account number: […]; [ 4 ] The Plaintiff accepts to suspend the execution of the judgment in consideration of the following: - the Defendant will pay to the Plaintiff the amount of $ 10 800.00 plus the interest at a rate of 5% per year, on a term of 48 months, by monthly payment of the amount of $ 248.72 (by draft or certified check) starting July 30 th , 2011 and the 25 th of each month until full payment; [ 5 ] In consideration of the payment of the amount $ 10 800.00 plus the interest, according to the said term, the Plaintiff will give to the Defendant a complete, and final discharge in capital, interest and fees of the said judgment; [ 6 ] In the event that the Defendant defaults to pay the monthly payment, he will loose the benefit of the term and the Plaintiff will be able to execute the said judgement for all the unpaid balance, without further notice.

Signed at Gatineau, July 12 th , 2011; _____________________ ____________________ Plaintiff Defendant

Gail Gavan André Raoul Nembhard