The Civil Procedure Rules 1998

Enforcement of charging order by sale E+W

Rule 4—(1) Proceedings in a county court for the enforcement of a charging order by sale of the property charged shall be commenced by a claim form, which shall be filed in the appropriate court, together with a witness statement or affidavit and a copy thereof—

(a) identifying the charging order sought to be enforced and the subject matter of the charge;

(b) specifying the amount in respect of which the charge was imposed and the balance outstanding at the date of the application;

(c) verifying, so far as known, the debtor’s title to the property charged;

(d) identifying any prior incumbrances on the property charged, with, so far as known, the names and addresses of the incumbrancers and the amounts owing to them; and

(e) giving an estimate of the price which would be obtained on sale of the property.

(2) The appropriate court shall be—

(a) if the charging order was made by a county court, that court;

(b) in any other case, the court for the district in which the debtor resides or carries on business or, if there is no such district, the court for the district in which the judgment creditor resides or carries on business.

(3) A copy of the witness statement or affidavit filed under paragraph (1) shall be served on the respondent with a copy of the claim form and a notice to each respondent of the date of the hearing.

(4) The proceedings may be heard and determined by a district judge.

(5) The net proceeds of sale, after discharging any prior incumbrances and deducting the amount referred to in paragraph (1)(b) and the costs of the sale, shall be paid into court.