Q&As

What is the process for applying for an order for sale to enforce a charging order against a defendant who has died?

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Published on LexisPSL on 26/02/2018

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

  • What is the process for applying for an order for sale to enforce a charging order against a defendant who has died?
  • Enforcement where defendant is deceased
  • Enforcing a charging order by sale
  • Enforcing charging orders by sale where the defendant is deceased

Enforcement where defendant is deceased

Judgment creditors can, if they wish (and can afford it) execute their judgment by using one or several enforcement methods at once. CPR PD 70, para 1.1 states that:

‘1.1 A judgment creditor may enforce a judgment or order for the payment of money by any of the following methods:

(1) a writ of control or warrant of control (CPR 83 and 84);

(2) a third party debt order (CPR 72);

(3) a charging order, stop order or stop notice (CPR 73);

(4) in the County Court, an attachment of earnings order (CPR 89);

(5) the appointment of a receiver (CPR 69)’

If a claim is subsisting at the date of death of one of the parties to it, the claim does not abate (Jones v Simes).

If the judgment debtor dies during the process:

  1. if the deceased could have been subject to a claim, any action must be brought against the personal representatives (PRs) named in the grant of probate or administration (where applicable), or

  2. in the same situation but where no grant has been made, the court must appoint a representative to represent the estate of the deceased

  3. if the deceased had an interest in a claim (

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