Contesting a declaration
As a creditor or interested party, you can contest the debtor’s declaration if you do not agree with it.
You have 15 days to file your contestation after you become aware of the declaration. The contestation is notified to the debtor, the clerk and the bailiff, if applicable.
The contestation may be based, among other things, on:
- the debtor’s declared income;
- the debtor’s family responsibilities.
You must present your contestation before a judge of the Court of Québec, with at least 3 days’ prior notice if it is a written contestation.
You must pay the court costs applicable under the Tariff of court costs in civil matters and of court office fees. However, you may add the costs and the costs of notification (such as mail costs) to the total amount of your claim against the debtor.
Your contestation is then notified to the debtor and the clerk.
It is important to note that a contestation does not interrupt the distribution of the amounts deposited.
However, the contestation procedure should not be used to contest the amount of your claim, as declared by the debtor. If you do not agree with the amount declared, you should file a claim using the form Claim/Voluntary deposit (SJ-224A).
You must also provide supporting documents for your claim.
You have 30 days to file your claim after becoming aware of the debtor’s declaration.