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Declaration of unseizable property: how does it work?

Some property cannot be seized by a creditor (for example certain furniture, tools or vehicles needed for daily life or work, within the limits set by law). A sworn declaration may describe such property in the context of a seizure or proceeding.

Unseizable property and its limits are set by law and vary by situation: consult a lawyer, trustee or budget adviser before declaring anything.

In what situations is it requested?

  • a seizure announced or under way by a creditor;
  • enforcement of a judgment;
  • a bankruptcy or consumer proposal file;
  • verification of your situation by a bailiff or a court.

What should the declaration contain?

  • your identity and contact details;
  • the precise list of items concerned with their description and approximate value;
  • the reason you consider them protected;
  • a statement of truthfulness.

How does this relate to bankruptcy?

In a bankruptcy or proposal file, the property to declare and its treatment are governed by a separate procedure, described in our article on the bankruptcy declaration.

Bankruptcy or no-bankruptcy declaration

Can it be sworn online?

Yes, when the document and situation are eligible for remote oath commissioning, by videoconference.

Online oath commissioning in Québec: how does it work?

Assermentation Express

Assermentation Express is not a lawyer, a trustee or a bailiff and does not determine which property is seizable. This service is limited to receiving the oath or solemn affirmation on a document already prepared.

Do you need a declaration of unseizable property sworn? Check availability and book online.

Book my appointment

Sources and references

← Assermentation Express
Declaration of unseizable property