Page 1135 - IOM Law Society Rules Book

PART 12: ENFORCEMENT

12.44 Discharge or variation of order (73.9)
(1) The judgment debtor or any interested person may apply to the court for an
order discharging or varying a charging order.
(2) The court may direct that —
(a) any interested person be joined as a party to such an application; or
(b) the application notice be served on any such person.
(3) An order discharging or varying a charging order must be served on all the
persons on whom the charging order was required to be served.

12.45 Enforcement of charging order by sale etc. (73.10)
(1) This rule applies to an application under paragraph 2(4) (order authorising
disposal of asset) of Schedule 2A to the 1981 Act.
(2) The application notice must contain the following information —

(a) the name and address of the judgment debtor;
(b) particulars of the charging order;
(c) particulars of the property sought to be disposed of;
(d) the proposed manner of disposal;
(e) the amount in respect of which the charge was imposed and the amount due
at the date of the application;

(f) so far as known to the judgment creditor —
(i) the judgment debtor’s title to the property;
(ii) the names and addresses of any other creditors who have a prior
charge or other security over the property; and
(iii) the amount owed to each such creditor;
(g) the estimated amount which would be realised on the disposal of the
property;
(h) if the property is land, particulars of every person who to the best of the
judgment creditor’s knowledge is in possession of the property.
(3) The application notice must be verified by a statement of truth.

12.46 Application for permission to register transfer etc.
Where an application is made for permission to take any step mentioned in paragraph
3 of Schedule 2A to the 1981 Act, a copy of the application notice must be served on —
(a) the judgment creditor;
(b) the judgment debtor;

(c) any other person on whom the charging order was required to be served.
CHAPTER 6: ATTACHMENT OF EARNINGS ORDERS

12.47 Interpretation
In this Chapter —
‘instalment order’ means an order made by the court under rule 10.52, 10.53 or 10.54;
‘maintenance order’ means a maintenance order (within the meaning of the 1981 Act)
made by the court;
references to a judgment creditor include, where appropriate, references to a coroner
acting with the consent of the judgment creditor pursuant to section 28(1)(a) of the
1981 Act.

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