Charging Order

You have obtained a judgment and the debtor has failed to maintain payments?

You believe your debtor owns land or property and you are considering applying for a charging order.

Or

You have received an interim charging order and you wish to object to a final order being made.

Mercian Law can help.

What’s Involved:
A charging order can be obtained against:

  • Property
  • Land
  • Stocks and shares
  • Money in court

A charging order prevents your debtor from selling without paying you first from the proceeds of sale.  You will not receive payment immediately as the charging order doesn’t require your debtor to sell their property, but your judgment will be protected until the property is sold.  If the property has other charges registered, these will be discharged first.  Mercian Law can obtain a copy of the title from the land registry and discuss any charges with you before you decide to proceed with an application. 

You can apply for a charging order when your debtor has failed to pay your judgment as ordered.  Although you can apply if instalments have been maintained, it is a risk, because the judge may refuse your request in these circumstances.

Once your application has been filed at court, an interim charging order will be granted by a court officer (not a judge) stating that your debtor must make any objections to the making of a final charging order within 10 days.  Evidence of service of the interim order upon your debtor and any interested parties and evidence of your continuing debt must be filed in court, a judge will then consider the final charging order request. 

If your debtor or any other interested party objects to a final charging order being made, they must file at court and serve upon you a witness statement no less than 7 days before the final charging order hearing, your debtor’s local court will list the case for a hearing which you must attend.  If the judge feels that the objections are justified your application will be dismissed and you may have to pay your debtors costs.  You must also notify the land registry to have the interim order removed.  Therefore, you must be sure that your debtor is unlikely to object or that any possible objections cannot be justified.

What we can do to help:

  • Obtain office copy entries from the land registry
  • Make application for charging order on your behalf
  • Serve interim order upon the debtor and any other interested parties
  • File at court objections to final charging order
  • File at court certificates of service & evidence of continuing debt
  • Register or remove interim and final charging orders with the land registry
  • Arrange for an advocate to attend final charging order hearing with you

What we will need from you:

  • Copy judgment
  • Debtors name, address & date of birth
  • Statement of outstanding balance including costs and interest minus any instalments received
  • Address you want to charge
  • Details of other creditors
  • Land registry office copy entries

Please click here to see our costs for a Charging Order.