A bailiff is an officer of justice who acts at the request of courts or persons, when the law allows it. Among other things, a bailiff serves (officially delivers) legal documents. A bailiff also executes judgments of courts: for example, he may seize property or carry out a judicial sale.

The profession of a bailiff is controlled by a professional order called the Chambre des huissiers de justice du Québec. The work of a bailiff is explained in more detail in the questions that follow.

Service is when a legal document is officially brought to the attention of another person. Documents filed at court must be served.

For example, if Mario wants to sue Jacqueline because Jacqueline’s dog savagely bit his leg, he must prepare a motion to institute proceedings (a document that explains the facts and what he wants as compensation for the bite). A bailiff will have to serve this motion on Jacqueline, meaning he will have to deliver the document to her. This is how Jacqueline will find out that she is being sued and that she has to go to court to defend herself.

Service is performed by bailiffs, except in some situations.



You must ask a judge or a clerk for permission, if you want to be authorized to serve a document in any other way. For example, if a person can’t be found, you could be authorized to serve by publishing a notice in the newspapers of the area where the person last lived.

A bailiff serves a legal document by hand delivering a copy of the document to the appropriate person wherever that person is. So, Isabelle could receive an application for damages at home, at work, or even at a restaurant while she is having lunch with friends. The bailiff can also leave this application with a “reasonable person” who lives with the person being served; for example, he could leave it with Hugo, Isabelle’s roommate.

Contrary to popular belief, a bailiff rarely pulls people out of bed or disturbs them in the middle of a party. This is because legal documents cannot be served on Sundays or on holidays, unless a judge gives special permission due to exceptional circumstances. They also can’t be served before 7 am or after 10 pm on any other days.

When serving a document, a bailiff writes a certificate of service that contains all of the important information about the service (date, time, person with whom the document was left, etc.). He then gives the certificate to the person who asked him to serve the document, so that that person can file both the certificate and the served document at court. The certificate proves that the document was served.

A bailiff certified report is a document that records a situation at a particular point in time. The situation is based on one’s senses (sight, touch, smell, sound... taste is probably pretty rare!) and is likely to disappear. The report can be used as evidence if a lawsuit is filed later on. Any person or company can ask a bailiff to write a certified report.

For example, Angela wants to prove before the Régie du logement (Rental Board) that whenever she starts her washing machine, even if it is at a reasonable time, her neighbour downstairs frantically starts tapping his ceiling. Angela could, of course, just testify that her neighbour acts like this, but her neighbour could also be very credible when he says that he doesn’t...

Angela can hire a bailiff, who will come and record the facts in writing, without interpreting them or giving his opinion. The bailiff certified report is good evidence because it is made under oath (the professional oath of a bailiff) and written by a neutral person who doesn’t have a personal stake in the lawsuit.

For example, the certified report could say: “I arrived at 425 Clover Lane on February 16, 2007 at 3 p.m. At the request of the tenant, Ms. Angela Rubarro, I observed the following situation. When she started her washing machine at 3:06 p.m., hard knocks starting coming almost immediately from the floor below. These knocks were very loud, and they shook the frames. I counted 68 knocks. In witness whereof, I have signed, Michel Trépanier, bailiff.”

Everyone thinks of a bailiff as the person who is responsible for carrying out seizures, i.e. taking and selling a person’s property in order to reimburse that person’s debts. There can be seizures of salary and seizures of land or buildings; this Infosheet deals with the seizure of movable property (property other than land or buildings).

When a final judgment orders a person to pay a sum of money and that person doesn’t pay within 10 days, the creditor (person who is owed money) can decide to force the execution of the judgment, meaning she can seize the property of the debtor (the person who owes the money) in order to get paid. The creditor will then call a bailiff.

It is, therefore, false to think that a person can pick up the phone and call a bailiff as soon as someone owes her money! The person must first get a final judgment that recognizes the existence of the debt. In certain circumstances, it is possible to have a seizure carried before getting a final judgment, but only after a lawsuit has been filed. (See question “What is a seizure before judgment?”)

Before taking any steps, the creditor should ideally check if the debtor has enough property or income to pay at least some of the amount granted to the creditor by the judgment. There is no point in losing time, energy and money running after a payment that is just not coming!

A creditor who wants to get this information can force the debtor to show up before a judge or a clerk, with all relevant documents (for example, his tax returns), and can question the debtor about his property and sources of income. The judge can also allow the creditor to question any person who can provide relevant information before the clerk. This could be the debtor’s employer, his accountant, etc.

To carry out a seizure, the creditor must prepare (or ask her lawyer to prepare) an official document called a “writ of seizure.” This document contains, among other things, the date of the judgment and the amount of money which the debtor has to pay the creditor. The writ must be served on the debtor, and it must be signed by a clerk of the court where the judgment was obtained. The creditor can then contact a bailiff and give him the writ of seizure.

The writ of seizure (see the question “What are the steps taken before a seizure of movable property?”) gives a bailiff the power to seize enough property to reimburse the debt, the interest, certain court costs, as well as costs related to the seizure. As a general rule, the seizure can take place from Monday to Saturday, between 7 a.m. and 8 p.m., except during holidays. When carrying out the seizure, a bailiff may be accompanied by a witness. The bailiff must also write down all of the steps of the seizure in a document called the minutes of seizure.

When he arrives at the location, a bailiff must read to the debtor the order to seize, which is written in the writ of seizure; he must also inform the debtor of her right to keep certain property (See the question “Can all my property be seized?”). The bailiff then asks the debtor if she is able to pay her debt. If the debtor pays the debt, the debt disappears, and that’s the end of the story.

If the debtor doesn’t pay, the bailiff completes three copies of the minutes of seizure. The minutes of seizure includes information about the location and time of the seizure and a description of the seized property. The bailiff must also describe the property left with the debtor, if the value of the debtor’s property is not enough to completely reimburse the debt.

Finally, the debtor signs the minutes of seizure and the bailiff gives the debtor a copy of the minutes of seizure, as well as a copy of the writ of seizure.

If a bailiff faces a closed door or if, once he is inside, he sees locked furniture, he writes this down in the minutes of seizure. Afterwards, he can go ask the clerk for permission to use “necessary means” to open the door (get a locksmith, for example). The bailiff must then be accompanied by two witnesses.

Before the judicial sale, the seized property must be kept by a person called the guardian. As the debtor, you must accept to act as the guardian of the seized property. But it is no longer your property. You can no longer give it away or sell it—and you can’t damage it.

If the creditor has valid reasons to believe that the debtor should not be the guardian of the seized property, he can ask a judge or a clerk to order that the seized property be kept by another person. This would be the case, for example, if the debtor is likely to try and sell the seized property or to take it elsewhere. The other person who is selected to be the guardian must be solvent (able to reimburse her personal debts).

The creditor proceeding with the seizure can only be selected as the guardian if he is solvent and already possesses the property. The creditor’s lawyer, the bailiff carrying out the seizure and their respective families can’t be the guardians.

No. A bailiff must leave certain property with the person being seized. This property must be necessary to the person's survival, and it must be property that he routinely uses. A person can keep up to $6000 worth of such movable property. The bailiff evaluates the value of the property that will not be seized. If the person thinks that the property left with him is worth less than $6000, he can ask the court to check the evaluation.

As long as he does not go over $6,000, the person being seized can decide which of his property he wants to keep. Even beyond the $6,000, food, fuel (wood, propane, etc.), and clothes that a person needs cannot be seized. Same thing for religious objects, family papers, trophies, and property used to overcome a disability.

A person can oppose the seizure of her property by filing a motion to oppose at court in four specific situations:

1. The person no longer owes a debt to the creditor.
   
2. The seized property is, in reality, unseizable under the law (see previous question).
   
3. The seizure was improperly carried out and, as a result, the person suffered serious consequences. For example, the bailiff forces open a door in the absence of the owners, without having obtained permission from the court; or there was no date on the copy of the writ of seizure sent to the debtor.
   
4. An event, which occurred after the judgment, will affect the final judgment that led to the seizure. For example, after the judgment has been rendered, a debtor discovers that some of the evidence admitted during the trial was false.

The motion to oppose must be served on the bailiff and the person who asked the bailiff to carry out the seizure. The motion to oppose prevents the bailiff from proceeding with the sale until the court determines whether or not the seizure was justified.

But, if the motion to oppose only seeks to reduce the amount of the seizure or to remove some of the property from the seizure, the bailiff can continue to carry out the uncontested part of the sale. For example, if Ginette files a motion to oppose at court because she claims that the seizure should be worth $8,000 and not $10,000, the bailiff can carry out the sale up till $8,000.

A person who thinks he is the owner of property seized at someone else’s home can also oppose the seizure to recover what belongs to him. In this case, the motion to oppose must also be served on the debtor.

To get a judgment in your favour is one thing; getting the person to pay the money awarded by the judgment is quite another. You have seen in the previous questions that once there is a judgment, it is possible to seize certain property to pay what is owed. But what do you do when the person that you sued decides to hide or sell her property before the final judgment, so that once there is a judgment, there is nothing left to seize?

The answer is a seizure before judgment.

In certain cases, a bailiff or a sheriff can carry out a seizure before judgment on your behalf. As its name implies, a seizure before judgment, usually happens before the judge makes his final decision. Sometimes, the permission to seize before judgment is the very first thing that occurs in the file. But, a seizure before judgment can also occur while the judgment is under appeal, or even after the judgment is made, during the 10-day period that is given to the debtor to pay her debt.

A seizure before judgment is possible in the following cases:

• The creditor is afraid that the debtor will commit fraud or hide her property so as not to reimburse him despite a judgment to that effect (the creditor must obtain the judge’s permission for this type of seizure);
  
• The debtor possesses property that belongs to the creditor;
  
• The property is a vehicle that harmed the creditor;
  
• The creditor has a particular right over the property, for example a hypothec.

As well, in certain family disputes, the spouse (except for a common law spouse) can seize before judgment:

• Goods that belong to him and that are no longer in his possession;
  
• Goods that belong to his spouse in which he claims to have certain rights (the spouse must obtain the judge’s permission for this type of seizure).

For further explanations on seizures before judgment in family matters, see our Infosheet Instituting legal proceedings .

Here is an example of when a judge might authorize a seizure before judgment:

Lino is suing Magalie for $50,000. He finds out from his neighbour that Magalie wants to give a lot of her property to a friend. In fact, Magalie’s generosity is very likely motivated by a desire not to pay off her debt if Lino obtains a judgment against her. If Lino convinces the judge that Magalie is about to defraud him, he could succeed in seizing the property to prevent Magalie from getting rid of it.

The purpose of a seizure before judgment is to preserve the property while awaiting the final judgment. Its purpose is not to sell the property or to give it to you. If the judge concludes that the person that you sued did not owe you what you’ve claimed, her property will be returned to her.

The creditor must make a written request, called the written requisition, to the clerk. An affidavit (a statement made under oath) must accompany this request. In his affidavit, the creditor indicates the debt he wants to recover, the reasons why he believes that he may not be repaid his debt, as well as the property of the debtor that he thinks is necessary to seize.

This written request is made in order to get a “writ”. A writ is an order, addressed to a bailiff or to a sheriff, to seize the designated property. The writ also orders the debtor to come to court.

When it is necessary to get the judge’s permission to seize, this permission is indicated directly on the request. This is the case for example, if you are asking for the judge’s permission to seize the goods of a person who is attempting to rid herself of her property. The judge will read your affidavit and any relevant documents in the file and make his decision based on the facts that you put forward to justify the seizure.

You need to open a file in court before you can request a seizure before judgment . If the first thing in the file is the seizure, then you must deposit a proper claim indicating why you are suing the other person, within the following 5 working days.

In general, the seizure before judgment is carried out in the same way as a seizure after judgment and it must follow the same rules. (In particular, see the question “How is a seizure of movable property carried out?”)

The debtor (person who is served with a writ of seizure before judgment) has five days to ask for the seizure to be cancelled. The debtor can ask the judge to cancel the seizure before judgment if the arguments stated by the creditor in the affidavit, which accompanies the written requisition, are insufficient or inaccurate.

For example, the affidavit alleges that Magalie gave “many items” to her friend, but, in reality, she only gave four items for babies that she no longer needs and she is keeping all her other movable property. The seizure will be cancelled, if Magalie asks a judge to cancel it and if the judge decides that Magalie is not giving away her property to avoid having to eventually pay a judgment.

The debtor who wants to prevent a seizure before judgment can also provide a bailiff with a sufficient guarantee that ensures that she has the means to pay, if her debt is recognized by the court; this guarantee can be a sum of money, savings bonds, an insurance policy, etc. If the property has already been seized, the debtor can ask a judge to let her recover it in exchange for a guarantee.

A judicial sale generally takes place at the location where the property was seized or where the guardian kept the property. The location, date and time of the judicial sale are indicated in the bailiff’s minutes of seizure.

A bailiff must publish a notice about the judicial sale in the newspaper of the area where the judicial sale will take place. The notice must be published at least 10 days before the sale. The notice informs the public about the judicial sale of the property. The notice contains, in particular, the names of the creditor and the debtor, the nature of the seized property, the location, date and time when the property will be put up for auction, as well as the name of the bailiff and his district.

A judicial sale is essentially an auction. The people who want to buy something offer a purchase price and the person who offers the best price gets it. “What’s the bid for this home entertainment system? Do I have $400 to start? Thank you, Madame, $400, $400 once... do I have a $500 bid? etc.” The debtor can decide the order in which the property will be sold, and the bailiff presents the property to the buyers, by fixing a starting price for the property if he thinks it is necessary.

The sale continues like this until the sum of money necessary to pay the sum determined by the judgment is collected. Once finished, the bailiff writes down in a document, called the minutes of sale, all of the property sold; for each property sold, he indicates the name and address of the buyer, as well as the price paid.

The bailiff always acts in the interest of the creditor and the debtor. Both the creditor and the debtor are interested in having the property sold for the most amount of money possible! For example, if a piece of property receives only one offer of purchase and this offer is clearly lower than the property’s value, the bailiff can withdraw the property from the sale; he can also put it up for auction again, in which case, he may or may not fix a starting price for it. The bailiff can also end the sale if he thinks that there aren’t enough potential buyers.

All of these decisions made by a bailiff are final. No one can contest them, as long as they are made in good faith, i.e. they are made reasonably and honestly.

Yes. As members of a professional order, bailiffs have to follow many rules which regulate their actions and behaviour. For example, a bailiff must act impartially and objectively; his behaviour must show respect, restraint and dignity. He must also act with integrity and never in a way that embarrasses, humiliates or looks down upon another person.

Furthermore, a bailiff cannot place himself in a conflict of interest: for example, by acting in a situation in which his or his family’s interests are at stake. When a bailiff acts, he must ensure that the person involved has a good understanding of what is going on.

A person who wants to complain about a bailiff’s behaviour can make a complaint to the office of the “syndic” of the Chambre des huissiers de justice du Québec. It is important to understand, though, that the syndic only deals with the professional rules of conduct that bailiffs must follow (see previous question). The syndic is not the appropriate organization for anyone to complain that a seizure was unfair or that service was not made according to the rules.

When the syndic receives a complaint about a bailiff, it can conduct an investigation. Afterwards, the syndic can propose an amicable solution to the situation, take the complaint before the disciplinary council, or reject the complaint. The syndic informs the person who complained of its decision, regardless of the decision taken. If the person is unsatisfied, she can ask the complaint review committee to examine the syndic’s decision.

The complaint may be brought before the disciplinary council, which acts a bit like a court. The disciplinary council determines whether or not the bailiff neglected his professional duties. The bailiff found to be at fault may, in particular, have to pay a fine, participate in a training program, or even be suspended in more serious cases.