Charging Orders
Practical assistance with securing outstanding judgment debts against property and understanding the charging order process.
Instruct UsWhat Is a Charging Order?
A charging order is a court order that can secure an outstanding judgment debt against a debtor's interest in property or certain other assets.
It provides additional security for a creditor, but it does not automatically result in payment or require the property to be sold.
Key Considerations
The Charging Order Process
Understanding the main stages involved in obtaining a charging order.
Obtain a Judgment
A creditor generally needs a qualifying court judgment before applying for a charging order.
Interim Charging Order
The creditor applies to the court. An interim charging order may be made before the final decision.
Final Charging Order
The court considers the application, any objections and the relevant circumstances before deciding.
Protecting the Charge
Appropriate steps may be taken to protect the charging order against the relevant property interest.
Charging Orders & Property Sales
A charging order does not normally force an immediate sale of a property.
Where a property is sold, the charge may enable the creditor to recover money from the debtor's interest in the sale proceeds, depending on other secured interests and the circumstances.
Discuss Your Enquiry →Orders for Sale
In certain circumstances, a creditor with a charging order may make a separate application to the court for an order for sale.
The court considers the relevant circumstances, including the interests of other parties. An order for sale is not automatic.
Important Points
01. A separate court application may be necessary.
02. Other interests in the property may be relevant.
03. The outcome depends on the individual circumstances.
How Legalways Can Help
Legalways offers practical assistance with charging order matters, including document preparation, correspondence and guidance on the relevant process.
We can help you organise the information and supporting documentation relating to your enquiry.
Instruct Us
Tell us about your charging order enquiry and our team will be in touch.
How Can We Help?
Complete the form below to send your enquiry.