Charging Orders

If a creditor is seeking to place a Charging Order against the debtor’s property, the Court

can impose conditions to the order allowing the debtor to make payments by instalments

to prevent the creditor forcing the sale of the property.

Please call us on 0800 3 10 11 12

What Is A Charging Order? 

This is an order given by the Court that attaches a debt owed under a judgment to property owned by the debtor. Usually the charging order is made against a house but it can be other property such as a car.

Can Conditions Be Imposed?

If a creditor is seeking to place an Order against the debtor’s property, the Court can impose conditions to the order allowing the debtor to make payments by instalments to prevent the creditor forcing the sale of the property.

Can I Lose My House?

If a Final Charging Order is issued, it does not mean that the debtor will have to sell their house. The order is an application to secure the money owed to your property.

Once the Final Charging Order has been issued, the debtor will arrange to pay the debt by monthly instalments. If the debtor refuses to pay or the debt is sufficiently large to justify the property being sold, the creditor can make Part 8 Proceedings to the Court to force the property to be sold.

Part 8 Proceedings are fairly rare and in our experience, the debt has to be in excess of £10,000 and the debtor refusing to pay.

How Are Charging Orders Issued?

The process is as follows:

1. An individual who is owed money under a judgment, known as a creditor, makes an application to the Court for a charging order to be issued. This is applied for using a Court Form alongside Land Registry documents demonstrating that the debtor owns property. At this stage, the Judge will assess the Land Registry documents and can make an Interim Charging Order.

2. If a Charging Order has been issued, it must be served on the debtor and other creditors no less than 21 days before the final hearing. The creditor has to notify everyone who has an interest in the property. Usually at this point, the interim order is registered against the property.

3. After this has been completed, the Court will list the claim for a hearing so the Judge can decide whether to issue a Final Charging Order. If the debtor wishes to object to the interim order, written evidence must be served on the Court no less than 7 days before the hearing. The Court will consider the personal circumstances of the debtor.

4. If the creditor is successful this means that the order is final and will remain registered on the property as a charge against the house. Anyone who has an interest in the property is permitted to attend the hearing.

Video About Charging Orders

Adam Cresswell - Seatons Solicitors

Help and advice with Charging Orders

Hello, I am Adam Cresswell and I am the Head of Seatons Solicitors Civil Litigation Department.

We are specialists in Civil Litigation matters. Dealing with a dispute, whether it is small or large, can be a particularly stressful experience, especially if you are unsure about the costs and procedures involved. Our Litigation Team regularly handle a wide range of disputes and we can provide practical and specialist advice with the aim of resolving your dispute quickly and cost-effectively.

If you have a Civil Litigation matter and are thinking about pursuing it then please call us.

All you need do is simply pick up the phone and give us a call on 0800 3 10 11 12 or use our online enquiry form and we can take things from there.

Latest Articles About Civil Litigation

Value Of Your Home Blighted By Infrastructure Plans? See A Lawyer Today!

Many proposals for major infrastructure projects never get off the drawing board, but their mere existence is often enough to seriously harm private property values.

Bankruptcy – Judges are Rarely Taken In by Transactions at an Undervalue

The prospect of impending bankruptcy sadly often brings on a flurry of activity designed to put assets beyond the reach of creditors...

Covid-19 – Open For Business And Safeguarding Our Clients & Staff – Announcement

As we were in the first lockdown, we are 100 percent committed and focused on doing the right things for our clients and our community.

Has Your Privacy Been Violated? You Don’t Have to Put Up With It!

For many people there is almost nothing more painful than having their private affairs aired on the internet or in publicly available print.

Why Use Seatons?

  • Practical sensible help and information
  • Fixed, competitive and affordable prices
  • We care about you and fight for you
  • Regulated by the Solicitors Regulation Authority
  • We can help resolve your issue quickly & easily

Covid19 Information

WE WILL BE OPEN FOR PRE-BOOKED APPOINTMENTS ONLY FROM MONDAY 12TH APRIL 2021. OUR FRONT DOORS WILL REMAIN CLOSED TO THE PUBLIC BUT WILL BE REVIEWED ON THE 17TH MAY 2021 TAKING GOVERNMENT ADVICE. We are happy to communicate with you by E-Mail, Telephone, Post, Video Via Zoom/WhatsApp/Teams/Facetime etc. If you need to drop any papers off at our offices, please use our Post Box. FACE TO FACE MEETINGS WILL ONLY BE AGREED WITH PRIOR ARRANGEMENTS. Please remember to wear a face mask when you visit our offices – it is a mandatory rule for all face to face meetings. FOR MORE INFORMATION CLICK THE BUTTON BELOW.