Voluntary Deposit

Voluntary Deposit

Consolidation3 min readFebruary 11, 2026
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Voluntary deposit, also known as the Lacombe Law, is a legal mechanism exclusive to Quebec provided under articles 664 to 673 of the Code of Civil Procedure. It allows a debtor in financial difficulty to voluntarily deposit a portion of their salary with the court clerk, which then distributes the amounts proportionally among creditors. Unlike bankruptcy or consumer proposals (governed by fédéral law), voluntary deposit falls entirely under Quebec provincial law. The seizable percentage is determined by a formula based on the debtor's net income and number of dependents, as per the Code of Civil Procedure. As long as the debtor makes regular deposits, creditors cannot garnish their wages or pursue other seizure remedies. Voluntary deposit is not recorded in the same way as bankruptcy on a credit file, but creditors can still report delinquent accounts. The credit score impact is significant, though generally less devastating than a full bankruptcy. For mortgage borrowers, voluntary deposit can be a solution to protect the residence while repaying debts in an orderly fashion. AMF-certified mortgage brokers must be familiar with this Quebec-specific option to properly advise their over-indebted clients.

Voluntary Deposit: A Quebec-Specific Solution for Over-Indebtedness

Voluntary deposit, commonly known as the Lacombe Law, is a debtor relief mechanism that exists only in Quebec. Provided under articles 664 to 673 of Quebec's Code of Civil Procedure, it offers an alternative to bankruptcy and consumer proposals for individuals unable to repay their consumer debts in full within the original timelines. This mechanism allows the debtor to retain their assets while repaying creditors in an orderly fashion, based on their actual financial capacity.

How Voluntary Deposit Works

  1. Registration at the courthouse: The debtor presents themselves at the clerk's office of the courthouse in their judicial district to register for voluntary deposit. They provide a complete list of creditors and debts, along with a declaration of income and dependents.
  2. Calculating the seizable portion: The clerk calculates the seizable portion of the salary according to the formula in the Code of Civil Procedure. The non-seizable portion protects a base income for the essential needs of the debtor and their family. The excess is the amount to be deposited.
  3. Regular deposits: The debtor must make deposits at the clerk's office each pay period, without delay. The clerk distributes the funds proportionally among registered creditors based on their respective claim amounts.
  4. Protection from seizure: As long as deposits are made regularly, creditors cannot garnish the debtor's wages or exercise seizure remedies on essential movable property. This protection ceases immediately if the debtor stops making deposits.

Impact on Credit and Your Mortgage

Voluntary deposit is not reported the same way as bankruptcy to credit agencies. There is no specific notation equivalent to the R9 of bankruptcy. However, delinquent accounts with individual creditors will still be reported, negatively affecting your credit score. In practice, a debtor under voluntary deposit often sees their score drop below 550, making access to conventional credit very difficult. For the existing mortgage, voluntary deposit has no direct impact as long as payments are maintained. The mortgage lender retains its security and remedies in case of default. For obtaining a new mortgage, the situation is comparable to that of a client with poor credit: B lenders and private lenders are the most realistic options during the voluntary deposit period.

Advantages and Limitations Compared to Other Options

  • Advantage: no asset surrender required, unlike bankruptcy where the trustee may require liquidation of certain assets.
  • Advantage: full repayment of debts over time, which may be viewed favourably by future lenders.
  • Advantage: no trustee required and minimal setup costs, compared to bankruptcy or a consumer proposal.
  • Limitation: repayment can be very lengthy if debts are high and income is modest.
  • Limitation: does not protect immovable property; only essential movable property and wages are protected.
  • Limitation: no debt reduction, unlike a consumer proposal which allows negotiating partial repayment.

The AMF-certified mortgage broker in Quebec must be familiar with this Quebec-specific option to properly guide their clients. In some cases, voluntary deposit is preferable to bankruptcy as it better preserves the credit file long term and allows the client to return to conventional lenders more quickly. The LDPSF requires the broker to act in the client's best interest, which may involve recommending a consultation with a budget counsellor or a lawyer specializing in insolvency law before making a decision.

Frequently Asked Questions

What is voluntary deposit (Lacombe Law)?
It is a legal mechanism unique to Quebec that allows a debtor to deposit a portion of their salary with the court clerk to repay creditors. In exchange, creditors cannot garnish the debtor's wages or seize essential movable property. It is provided under articles 664 to 673 of Quebec's Code of Civil Procedure.
How much do I have to deposit each month?
The amount is calculated using a legal formula based on your net income and the number of your dependents. Generally, the seizable portion is about 30% of net income exceeding a base threshold, with adjustments for dependents. The court clerk calculates the exact amount.
Does voluntary deposit protect my house?
Voluntary deposit prevents wage garnishment and seizure of movable property, but it does not directly protect immovable property like your home. However, as long as you maintain your mortgage payments and voluntary deposits, unsecured creditors cannot force the sale of your residence to recover their claims.
What is the difference between voluntary deposit and bankruptcy?
Voluntary deposit is provincial (Quebec only), does not require a trustee, does not involve asset surrender, and allows you to repay debts in full over an extended period. Bankruptcy is fédéral, involves a trustee, may lead to asset liquidation, and results in discharge from most debts. Voluntary deposit has a less severe impact on the credit file.
Can I get new credit during a voluntary deposit?
Technically yes, but in practice it is difficult. Creditors will see the delinquent accounts on your file. An AMF-certified mortgage broker can help you plan your exit strategy from voluntary deposit and establish a credit rebuilding plan to eventually access mortgage financing.

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Educational information only. This does not constitute financial advice under the Act Respecting the Distribution of Financial Products and Services (LDPSF). Consult an AMF-certified mortgage broker before making any financial decision.

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