Notices concerning the sale under judicial authority of movable or immovable property are published in the Sales Register. The sales may concern property that has been seized or hypothecated. The notices posted on this website indicate the nature of the property to be sold, along with the method and the terms and conditions of the sale.
Execution of a judgment
Many judgments order one party to pay an amount of money to the other party. If the person ordered to pay the amount (the debtor) complies with the judgment, this is referred to as the "voluntary execution" of the judgment.
If the debtor fails to pay within the time limit, the creditor may take steps to obtain the amount specified in the judgment. This is referred to as a "forced execution" of the judgment, since the debtor is forced to pay the debt. This is achieved, for example, by seizing the debtor's property and selling it under judicial authority.
Sale under judicial authority
A sale under judicial authority occurs when property is sold to execute a judgment or to exercise hypothecary rights.
In the first case, the sale takes place under the authority of a bailiff at the request of the creditor of the judgment. The bailiff is a professional and a member of the Chambre des huissiers de justice du QuĂ©bec.
For the exercise of hypothecary rights, the sale may be under the responsibility of a bailiff or of another person designated by the court. The court sets the conditions and charges for the sale, indicates how it is to proceed (for example, by auction or a call for tenders), and sometimes sets a reserve price.
The sale of property under judicial authority must be made in the interests of the debtor and the creditors and at a commercially reasonable price, in other words a price that matches the fair market value of the property.
Publication of notices
Before the property is sold, the person in charge of a sale must publish a notice in the Sales Register at least 30 days before the scheduled sale date. Other notices concerning the sale may be published to indicate, for example, that the sale has been stayed or has taken place.