Quebec Civil Justice Application for Relief from Garnishment Default

Understanding the Application for Authorization to Declare or Deposit (art. 717 C.C.P.)

The Application for Authorization to Declare or Deposit (form SJ-857-09A) is an official document used within the Quebec civil justice system. It provides a legal mechanism for a garnishee—someone who has been ordered to withhold money or assets—to request relief from their default in declaring or depositing the owed funds following a seizure or garnishment order. This form is essential for individuals or entities who find themselves unable to comply with their obligations and wish to seek court approval to rectify or explain their situation.

Who Should Fill Out This Form?

This form is intended for a garnishee who has failed to declare or deposit the amounts owed to a creditor after receiving a notice of execution. If you are a garnishee and have missed the deadline or have not deposited the funds as required, you can use this application to request the court’s intervention and relief from your default. It is important to note that this process is specific to cases governed by the Code of Civil Procedure, particularly article 717.

How to Complete the Form

Step 1: Fill in the Case Details

• District and Locality: Indicate the judicial district and the courthouse location.
• File Number: Write the case or file number assigned by the court.
• Parties: Clearly identify the plaintiff, defendant, and any intervening third parties involved in the case.

Step 2: Provide Your Details as Garnishee

• Name and Contact Information: Enter your full name and contact details.
• Reasons for Default: Explain why you have failed to declare or deposit the owed funds. Be clear and concise, providing supporting reasons or circumstances.

Step 3: Declare Deposited Amounts

If you have deposited any amount since the notification of the notice of execution, specify the exact sum and where it has been deposited—either at the court office or with the executing bailiff.

Step 4: Request Specific Court Orders

• Ask the court to relieve you from your default in declaring and depositing the funds.
• Request that the court order you to continue making declarations and deposits for as long as the seizure remains in effect.
• Seek an order for the distribution of deposited amounts to the creditors.
• If applicable, request the court to quash the judgment condemning you as the personal debtor.

Supporting Documents and Additional Notes

Once completed, keep a copy of the form for your records. You will need to contact the Small Claims Division office to obtain information to complete the Notice of Summons section. This notice informs all relevant parties about the hearing date and location.

Filing the Application

The completed form can be submitted via the Digital Court Office of Québec (GNJQ), accessible through the website of the Ministère de la Justice. Alternatively, you may file a paper copy at the courthouse. After filing, the court clerk will notify the other parties and summon them to a hearing, where your application will be reviewed.

Important Considerations

Ensure that all information provided is accurate and legible, especially if completing the form by hand. Incomplete or incorrect submissions may delay the process or affect the court’s decision. For further guidance or specific questions, contact the Small Claims Division office or consult the Ministère de la Justice’s website for a list of courthouses and additional procedural details.

Using this application appropriately can help you address defaults related to garnishment orders and potentially avoid more serious legal consequences. Always consider seeking legal advice if you are unsure about your rights or the proper procedure.