Q&As

Do you include in the claim form the non-debtor joint owner when issuing a Part 8 claim for an order for sale against a judgment debtor?

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Published on LexisPSL on 22/10/2015

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Do you include in the claim form the non-debtor joint owner when issuing a Part 8 claim for an order for sale against a judgment debtor?
  • The process of applying for an order for sale of charged property
  • Can you seek an order for sale of jointly owned property?
  • Application for order for sale of jointly owned property

Do you include in the claim form the non-debtor joint owner when issuing a Part 8 claim for an order for sale against a judgment debtor?

Note: for background information on enforcement of charging orders by sale please see our Practice Notes: Order for sale—how to enforce a charging order and Obtaining an order for sale to enforce a charging order—potential difficulties.

This Q&A assumes that only one of multiple joint owners of a property is the judgment debtor against whom the creditor has obtained a charging order and is intending to seek an order for sale of the charged property.

The process of applying for an order for sale of charged property

Under CPR 73.10, a judgment creditor wishing to enforce a charging order against a judgment debtor must:

  1. issue a Part 8 claim (to the court which made the charging order, unless that court does not have jurisdiction to make an order for sale, see CPR PD 73, para 4)

  2. file with it a copy of the charging order

  3. provide written evidence as required by CPR PD 73

The judgment creditor's (claimant in the Part 8 claim) evidence must (CPR PD 73, para 4.3):

  1. identify the charging order and the property sought to be sold

  2. state the amount in respect of which the charge was imposed and the amount due at the date of issue of the

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