BAILIFFS IN QUEBEC ALL YOU NEED TO KNOW
Role, regulated fees, service of process, inspection reports, seizure, eviction and debtor rights
A bailiff (huissier de justice) is a public officer who serves legal documents, enforces judgments, prepares inspection reports and can negotiate debt collection. Their fees are set by government regulation. This guide explains when you need one, what it costs, and what your rights are.
Bailiffs in Quebec 2026: Fees, Service of Process, Inspection Reports, Seizure, Eviction and Debtor Rights
What is a Bailiff?
A bailiff is a legal professional and mandatory member of the Chambre des huissiers de justice du Québec (CHJQ). The profession is governed by the Act Respecting Bailiffs (c. H-4.1). Their service records and inspection reports are presumed accurate until proven otherwise. Bailiffs act impartially: even when retained by a client, they have a duty to inform all parties.
Their exclusive functions. Officially serving legal documents (applications, judgments, hearing notices). Enforcing judgments through seizure, eviction or judicial sale. Preparing inspection reports (section 9 of the Act). Negotiating amicable debt collection. Examining a debtor about their financial situation. Only a bailiff registered on the CHJQ's Roll may perform these functions — any other person who attempts to evict a tenant or seize property is committing an offence.
When Do You Need a Bailiff?
Serving a legal document. An originating application, a summons, a TAL hearing notice, a notice of repossession of a dwelling, a judgment. Service by bailiff is the strongest proof of delivery.
Serving a formal notice with greater impact. Not required, but the psychological effect is significant and proof of receipt is irrefutable. The cost is modest. Use our free formal notice creator, then hand the letter to a bailiff.
Enforcing a judgment. Wage garnishment, bank account seizure, seizure of goods, eviction. See our Enforcing a Judgment guide for detailed steps.
Preserving evidence (inspection report). Condition of a dwelling, water damage, latent defects, excessive noise, digital evidence.
🤖 AI Tip. "I have [a judgment / a formal notice / a dispute]. My situation is [describe]. Do I need to retain a bailiff? For which act? What documents should I prepare?"
How Much Does a Bailiff Cost?
Fees come from two sources. For judicial acts (service, enforcement), the fee is set by government regulation (c. H-4.1, r. 13.1, in force since May 22, 2025) and is not negotiable. For other acts (private inspection reports, amicable collection), the CHJQ suggests a Professional Fee Schedule (THP) agreed upon with the client.
Service of process. Base fee of $26 (individual) or $27 (legal entity) for acts not expressly covered in the schedule. Travel fees are added: $1/km in travel honoraria + $1.18/km in travel expenses = $2.18/km total, one way only, plus absence fees ($17–18 per return visit record) if applicable. Fees vary depending on the act being served.
Hourly rate. $85 (individual) or $88 (legal entity) per hour, applicable during seizures, evictions and other acts where the schedule provides for it.
Movable seizure. $85 or $88 for preparing the seizure record, plus hourly rate from the 2nd hour on site, plus travel.
Vehicle immobilization. $162 (individual) or $166 (legal entity).
Debtor examination. $57 or $58, plus hourly rate if more than one hour.
Eviction. $85 or $88, plus hourly rate from the 2nd hour, plus travel.
Inspection report. Regulated fee of $90 or $92 within an enforcement context. For a private inspection report, fees are agreed upon with the client (THP).
Small claims (≤ $2,000). The schedule includes specific provisions for small claims judgments of $2,000 or less in favour of a non-merchant individual (section 45.1 of the schedule). Verify applicable conditions with the bailiff or the court clerk's office.
Who pays? In enforcement: fees are borne by the debtor (added to the debt), but the creditor advances them if the seizure is unsuccessful. For service of process: the requesting party pays, recoverable as court costs. In amicable collection: entirely at the creditor's expense.
Contesting fees. If fees seem excessive, request a taxation of costs before the taxing officer at the courthouse. This is free of charge.
⚠️ Indexation. The amounts above reflect the schedule in force since May 22, 2025. They will be indexed by 2.5% on April 1, 2026 (and each year through 2028). Always verify the official schedule or the CHJQ website.
How Service of Process Works
Service is the official delivery of a legal document to its recipient. The bailiff prepares a service record — an authentic act describing the exact circumstances of delivery. Your signature is not required.
Methods of service. In person (preferred). If absent: delivery to a capable person at the residence, or in a sealed envelope. After two unsuccessful attempts: service by sealed envelope or public notice.
Can the bailiff speak to your neighbours? Yes, to confirm your address. They will not disclose the nature of the document or any details of the file.
You receive a legal document? Read it carefully. Note the date — legal deadlines begin running immediately. Do not let the deadline pass without acting — a failure to respond can lead to a default judgment against you. Contact a community justice centre if you do not understand what you received.
Check the seal. The document must bear the bailiff's seal and signature. If in doubt, verify on chjq.ca.
Bailiff Inspection Reports
A bailiff can prepare an inspection report — neutral, objective observations of material facts (section 9 of the Act). The report is presumed accurate until proven otherwise. The bailiff does not offer any legal opinion on what they observe.
Common uses. Condition of a dwelling (at move-in or move-out), water damage, latent defects, excessive noise, construction defects, encroachment, digital evidence (website screenshots, online publications), estate inventory.
💡 Act quickly. Have the inspection report prepared as soon as you notice the problem. The longer you wait, the more evidence disappears. Costs may be claimed as court costs depending on the dispute.
Enforcing a Judgment
If you have obtained a judgment and the debtor refuses to pay, the bailiff is the only person authorized to compel enforcement: wage garnishment, bank account seizure, seizure of movable property, vehicle seizure, eviction. If the debtor has nothing seizable, the bailiff prepares a nulla bona record — the judgment remains valid for 10 years.
Small claims exception (≤ $15,000). For wage garnishment only, the creditor may prepare the enforcement notice (form SJ-1103) without a bailiff. For any other type of seizure, a bailiff is required.
For detailed steps, exempt property and strategy based on your specific situation, see our complete Enforcing a Judgment guide.
Amicable Debt Collection
A bailiff can attempt to recover a debt for a creditor without a judgment. They contact the debtor by mail, phone or in person to negotiate payment or a payment schedule. Their status as a court officer gives this approach a weight that an ordinary letter simply cannot match.
⚠️ Your rights. In amicable collection, no judgment has been rendered against you. The bailiff cannot claim their fees from you (those are the creditor's responsibility), cannot threaten seizure, and cannot intimidate you. You may request a payment plan or contest the debt in writing.
Residential Eviction
Only a bailiff holding a valid judgment may legally evict an occupant. The bailiff serves an eviction notice (generally allowing two full juridical days to vacate, unless the court orders otherwise). With prior court authorization, the bailiff may enter by force with a locksmith.
⚠️ Strictly prohibited. Changing the locks, cutting off heat, water or electricity, or harassing the tenant. An eviction carried out without a bailiff and without a judgment exposes the landlord to legal action, damages and the tenant's right to be reinstated.
For a complete overview of tenant and landlord rights, see our TAL guide.
Your Rights When Facing a Bailiff
Service of process. The bailiff does not need your signature. Refusing to accept a document changes nothing — legal deadlines run from the moment service is effected.
Seizure. You can negotiate a payment plan at any time. If you pay the full amount owed (debt plus fees), the seizure is lifted immediately. If an exempt item was seized by error, you may file an opposition at the court clerk's office. Your employer cannot dismiss you because of a wage garnishment.
Amicable collection. The bailiff cannot claim their fees from you, threaten you or intimidate you.
Filing a complaint. If a bailiff has acted abusively, file a complaint with the CHJQ syndic: chjq.ca / 514-849-2785.
Finding a Bailiff
Official directory. Search by name, region or judicial district at chjq.ca/bottin. Choose a bailiff close to the location of service or enforcement — travel fees are calculated based on distance.
What to provide. The document to be served or the judgment, the recipient's full name and address, and any useful information (hours when they are home, employer, financial institution).
Questions to ask. Estimated cost? Experience with this type of file? Do you cover this district? Expected turnaround?
🤖 AI Tip. "I need a bailiff to [serve / enforce / document] in Quebec. The location is [distance]. Help me understand the regulated fees and costs that will apply."
Frequently Asked Questions
Can a bailiff enter my home by force? Only with prior court authorization.
Can a bailiff seize my car? Yes, if it is fully paid off. If financed, only the net equity is seizable. A vehicle required for your livelihood may be protected.
Can a bailiff contact my employer? Yes, in the context of a wage garnishment. Your employer cannot dismiss you for this reason.
What happens if the bailiff finds nothing to seize? They prepare a nulla bona record. The judgment remains valid for 10 years. The creditor can pursue the matter again if the debtor's situation changes.
How do I know if someone is a real bailiff? Ask to see their permit or membership card. Verify on chjq.ca. A genuine bailiff will never refuse to identify themselves.
Mistakes to Avoid
Assuming a judgment enforces itself. It is your responsibility to retain a bailiff.
Paying the bailiff's fees when no judgment exists. In amicable collection, those fees belong to the creditor.
Moving or selling seized property. You are the judicial custodian of those items — misappropriating them carries serious sanctions.
Attempting to evict a tenant yourself. Only a bailiff holding a valid judgment may proceed.
Ignoring a legal document. Failing to respond can lead to a default judgment against you.
Waiting too long. A judgment prescribes after 10 years — but the longer you wait, the harder it becomes to locate seizable assets.
Official Sources
📌 Chambre des huissiers de justice du Québec (CHJQ)
📌 Bailiff Fee Schedule — Légis Québec
📌 Act Respecting Bailiffs (c. H-4.1)
📞 Resources: CHJQ: chjq.ca / 514-849-2785 / info@chjq.ca — CJP: justicedeproximite.qc.ca — Éducaloi: educaloi.qc.ca — Legal Aid: 1-866-954-8585
Other Guides from Justice-Quebec.ca
➡️ Enforcing a Judgment — Seizure and Legal Hypothec
➡️ Formal Notice — Complete Guide with Free Creator Tool
➡️ Small Claims Court — Complete Guide
➡️ Self-Representation in Court — Practical Guide
➡️ Legal Aid — Eligibility and Process
A bailiff is an indispensable ally for enforcing your rights. Their acts carry evidentiary weight that nothing else can match. Their fees are set by government regulation — you always know what to expect.
This guide does not constitute legal advice. The author of this site is not a lawyer. Rates and rules change. Always verify the current official fee schedule before retaining a bailiff.
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