Contesting or Executing a Decision of the Régie du logement

Executing a Decision of the Régie du logement

The procedure for executing a decision of the Régie du logement ordering a defendant to pay a sum of money consists in preparing the writ of execution, having the writ issued, and having the writ executed by a bailiff, or filing a small claim application.

A compulsory execution of a decision may be required if a defendant refuses to comply with the decision or all negotiations with a view to executing the decision failed.

Preparation of the writ of execution
The writ is prepared by obtaining an execution form corresponding to the planned method of execution from the office of the Court of Québec for the area where the dwelling is located, filling it out and returning it to the office of the Court, along with the required documents.

Issue of the writ
Once the decision has been registered and the required verifications have been made, the court clerk will issue the writ of execution, which is a formal order from the Court.

Execution of the writ
The writ must be given to a bailiff for execution.

Small claims 
If the compulsory execution of a decision is for a small claim application, that is, an application the sole object of which is to recover $7 000 or less, the procedure is the same as that described above, except that the applicant can

  • ask a bailiff or lawyer to execute the decision;
  • claim from the debtor the fees paid to the clerk or the person designated by the Minister, or the fees paid to the bailiff or lawyer.

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