Collection Measures – Support Debt
If a debtor of support fails to make support payments to the creditor, we can take various measures to collect the amounts due.
In the following cases, we can use a variety of administrative and legal measures in respect of your income and assets:
- You do not pay your debt in a lump sum within 10 days of receiving a demand for payment.
- You do not reach a payment agreement with us within 10 days of receiving a demand for payment.
- You fail to uphold our payment agreement.
In addition, we automatically charge collection fees when any collection measures are used or when, after issuing a demand for payment, we institute proceedings to seize your property for the first time.
We can apply all or part of any amount owed to you by a government body (for example, an income tax refund) to the payment of your debt.
If you are a debtor of support and you fail to make a support payment, we can register a legal hypothec on your movable or immovable property for the benefit of the creditor of support. Once the hypothec has been published in the appropriate register, we can exercise a hypothecary recourse such as a sale under judicial authority.
Seizure by garnishment
In some cases, we may seize a sum of money or income in the hands of a third person to pay or reduce your support debt. This person (the garnishee) could be your employer, your financial institution, one of your clients or any other physical or legal person who owes you money.
Upon receiving notice of the seizure, the garnishee must remit to us the amount you are owed. We can seize:
- the seizable portion of your income (through your employer);
- your bank account;
- your accounts receivable;
- your rental income (if you own rental property);
- any other amount a third party owes you.
In some cases, we can hold a person who is related to you solidarily liable for all or part of your debt if you take an action that favours this person to the detriment of your creditors. For example, if you transferred property to a person related to you for less than its actual value, we could exercise remedies against that person.
Suspension of a passport or federally issued licence or permit
If you are a debtor of support, we can ask the federal government to suspend (or refuse to issue) your:
- pilot's licence or permit;
- marine training or competency certificate(s), or your marine navigation certificate.
If you are a creditor of support or a third party and you owe an amount under the support-payment collection program, we can issue a certificate attesting that the debt is payable and specifying the amount owed. Once filed at the office of the Superior Court, the certificate becomes enforceable as if it were a court judgment and has all the effects of such a judgment. We can then take legal measures, including the seizure of your movable and immovable property and its sale under judicial authority.
Seizure and sale under judicial authority
In some cases, we can have your movable and immovable property seized and sold under judicial authority.
The net proceeds of the sale will be applied to your debt.
If you are a creditor of support and you are not receiving the payments due from the debtor of support, there is no action required on your part. We will detect that the payments were not made and take the necessary steps to recover the amount owing.