Frequently asked questions

Find here the answers to the most frequently asked questions about our bailiff services, our interventions and the role of the bailiff in the Outaouais region.

General questions

For lawyers, notaries, property owners, managers, tenants, any self-represented individuals, and any person who has obtained a judgment in their favour and whose debtor has failed to comply with it.

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For urgent service of process, we take charge as soon as the procedural document is received and serve it the same day.

They are calculated based on the act performed, with the number of documents to be served, the number of recipients and the kilometres travelled. The fee tariff is set by the government and is called:

  • Government fee tariff for bailiffs: This covers the amounts chargeable for each act such as a demand for payment, service of process, seizure, sale, etc. The second covers related services such as file opening, management fees and urgent request fees, and is called:
  • Professional fee tariff (recommended by the Chambre des huissiers du Québec)

Service of process (Cross-border specialty Gatineau–Ottawa)

Service of process is the official delivery of a legal document (formal notice, originating application, summons, judgment) by a bailiff. It guarantees that the recipient has duly received the document.

Article 139 of the Code of Civil Procedure sets out a list of procedural documents such as the originating application, the summons to appear and the act of forced intervention that must be served. When the applicable laws specify that a document must be served, only a bailiff may effect service in Québec.

In accordance with the rules of service applicable in other Canadian provinces, we can serve documents without issue in Ottawa and the surrounding area. We will draw up our affidavit of service in accordance with the requirements of the province from which the procedural document originates.

Yes, technology is transforming justice. If an individual cannot be located or is attempting to evade their obligations, we can request authorization from the court to serve by a special mode, such as Messenger or Facebook.

In Québec civil law, proof of receipt is crucial. A bailiff does not simply “deliver” a document; they draw up an authentic act that officially proves the delivery by indicating the date, time, location and the name of the person who received the procedural document.

Enforcement and collection

It is the process by which a bailiff enforces a decision rendered by a court, for example to recover a sum of money, vacate a dwelling or compel compliance with an obligation.

Depending on the judgment and the information available regarding the debtor, the bailiff may proceed with various seizures such as: the seizure of movable or immovable property, the seizure of income and/or other measures prescribed by law.

This is precisely the situation in which a bailiff intervenes. They act within the law to compel enforcement of the court’s decision.

Any person or business holding a favourable judgment may retain a bailiff to ensure its enforcement.

Yes, equipped with a notice of execution and an authorization to enter previously obtained from the court, the bailiff may legally access a property even if the debtor is absent.

Tribunal administratif du logement (TAL)

The bailiff intervenes to:

  • Serve notices and applications.
  • Provide proof of service.

A landlord may retain a bailiff when:

  • They have opened a file for non-payment of rent with the TAL and wish to have it served on their tenant.
  • The tenant has not collected their registered mail and the 45-day deadline is approaching.
  • The Tribunal has rendered an eviction decision.
  • A judgment requires the collection of amounts owed.

A tenant may contact a bailiff when a landlord fails to comply with a decision of the Tribunal, for example for:

  • The reimbursement of rent paid in excess.
  • Moving expenses in the context of major renovations.

Eviction is a measure of last resort that requires a judgment from the TAL. Our bailiffs draft a notice of execution for eviction, file it with the Court of Québec, and serve this notice which gives the tenant 5 days to vacate with their belongings. On the day of the eviction, we officially take possession of the premises, proceed with changing the locks and oversee the departure of the occupants, ensuring a neutral presence and full respect for the legal framework.

The tenant is responsible for removing their belongings. Failing to do so within the 5-day period, the belongings are deemed abandoned. The bailiff may sell them for the benefit of the creditor, donate them to charitable organizations or otherwise dispose of them at their discretion, such as disposing of them as waste. We precisely document the condition of the premises to protect the landlord against any subsequent legal action related to the integrity of the tenant’s belongings.

No, this is a serious mistake that can cost you dearly. In the Outaouais region as throughout Québec, eviction is an exclusive competence of the bailiff. A landlord who acts alone commits a civil fault and exposes themselves to legal action by the tenant and may be ordered to pay significant damages to the tenant, even if the latter was not paying their rent. You will be able to do so in the presence of the bailiff at the time of enforcement.

Bailiff's reports, evidence and digital service

Yes, it is possible, but it is not automatic. Our bailiffs may resort to service by private message (Messenger) when traditional modes fail (for example, if the recipient cannot be located physically). However, this generally requires prior authorization from the court (order for service by special mode pursuant to article 138 of the C.C.P.). This is a modern and effective solution that we offer to reach individuals who are attempting to evade justice.

Whether to document harassment on Messenger or defamation on a local Facebook page in the Outaouais region, a simple screenshot is often insufficient in court. The bailiff draws up a technological fact-finding report that guarantees the integrity of the digital evidence (date, time, metadata). This official document carries greater probative value before the judge, preventing the other party from claiming that the image was falsified or altered.

Sale under judicial control

It is the sale of an asset previously seized by a bailiff in order to repay a debt, or one that the court has ordered to be sold.

  • Sale of immovable property: house, condominium, lot, commercial property.
  • Sale of movable property: vehicle, equipment, furniture, commercial inventory.

These sales are public. Any individual or company representative may participate, subject to the conditions specified in the sale notice.

Sales under judicial control take place at the location where the assets were seized, either directly at the debtor’s premises or at a storage location. We publish sale notices with the Québec sales registry as provided for in the Code of Civil Procedure.

The best way is to regularly consult the sales registry or our website. We maintain a list of sales of movable property (vehicles, machinery) and immovable property (lots, residences) to allow investors and citizens to participate in these judicial processes with full transparency.

Voluntary surrender and collection

If your debtor leaves Gatineau for another region, do not lose hope. If you have a minimum of information such as their date of birth, through the use of a skip tracing service, the tracer will be able to locate the new address, obtain their new place of employment and/or credit information. Following the various information obtained, we then coordinate the enforcement of the judgment with our fellow bailiffs throughout Québec to ensure the continuity of your collection.

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