To benefit from the voluntary deposit procedure
To benefit from the voluntary deposit procedure, you must undertake:
- to make regular payments to the office of the Court of Québec; the amount of each payment cannot be less than the seizable portion of your income;
- to inform the court office of any change in your financial situation;
- to update the information in your file each year.
As the debtor, you are the only person who can decide to file a declaration for voluntary deposit. Nobody can force you to do so.
Income already seized
If your income has already been seized, you can still benefit from voluntary deposit, but you must respect your undertaking to pay the seizable portion of your income.
If only your property has been seized, you can apply for voluntary deposit, but this will not affect the seizure of your property.
A creditor may contest your voluntary deposit declaration. However, the clerk cannot refuse to register your declaration, even if he or she believes you are not eligible.
For example, a creditor may contest your eligibility for voluntary deposit if:
- you have never had a job;
- you are a minor;
- you receive benefits :
- under the Social Assistance Program;
- under the Québec Pension Plan;
- from the Société de l'assurance automobile du Québec (SAAQ);
- under an employment insurance program;
- you are a healthcare professional and receive payments from the Régie de l'assurance maladie du Québec (RAMQ).