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I am the plaintiff in a case (small claims court Quebec) I hired a bailiff to carry out an execution of judgement he did and seized some property from the defendant. Now the defendant is trying to oppose the seizure so we have a court date but my bailiff refuses to go to court he simply said he won't be there. I am wondering if anyone knows why a bailiff would refuse to go to court and if there is anything I can or should do. I went to the court and asked the clerk and they told me that everyone who is summoned (myself, the defendant and the bailiff) must go to the court date but they had no other advice for me.

Any advice would be greatly appreciated,

Thank you,

  • If there is a subpoena for the bailiff to show up and that is served upon he and he doesn't show, he could go to jail and would lose a lot of credibility with the court. It is hard to understand his motives unless there are more facts involved that either aren't know to you or aren't mentioned. – ohwilleke Oct 13 at 5:21

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