Charging summons
Form 73A Charging summons
Rule 73.05(2)
[heading as in originating process]
CHARGING SUMMONS
To [name]
of [address].
And to the [judgment debtor].
You are summoned to attend before the Court on the hearing of an application by the [judgment creditor] for an order that certain securities [or as the case may be] in which the [judgment debtor] has a beneficial interest, namely [give particulars sufficient to identify the securities and the interest of the judgment debtor], stand charged to the extent of the value of the entire beneficial interest of the [judgment debtor] in the securities or of so much of that value as may be sufficient to satisfy a judgment recovered against the [judgment debtor] by the [judgment creditor] in the Court on [insert date] for $ , interest accrued and accruing on the judgment and the costs of the [judgment creditor] of the charging order proceedings. The sum required to satisfy the judgment, interest and costs is $ , being—
$ , the amount due and unpaid under the judgment;
$ , the amount of interest accrued or estimated to accrue;
$ , the estimated costs of the charging order proceedings.
This summons is filed and served by order of the Court made on[insert date].
The application will be heard etc. [continue as in Form 46A].
[insert the following at the end of the summons]
To [name]
of [address].
TAKE NOTICE that upon service of this summons you shall not, except by order of the Court, cause or permit any transfer of any of the abovementioned securities to be made or pay to any person any dividend or interest thereon.
To the [judgment debtor].
TAKE NOTICE that, unless the Court otherwise orders, no disposition by you of your interest in any of the abovementioned securities made after service of this summons and before the application for the charging order is heard by the Court shall be valid as against the [judgment creditor].
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