Charging Order applications – recent changes HomeBlogLegal NewsCharging Order applications – recent changes

Once you obtain a County Court Judgment against a debtor and they still fail to pay, you can then proceed with enforcement action to effecitively secure or force payment out of them.

One enforcement option is to apply for a charging order.  This form of enforcement secures the judgment debt against land/property owned by your debtor (charging orders can also be obtained against stocks and shares but this is less common).

The main purpose of the charging order is to secure any judgment debt you have obtained in the medium to long term. By registering a charge against your debtor’s property with the Land Registry you should be notified of any sale and in most circumstances be paid the from the proceeds of sale of the property if there is sufficient equity. In some instances, you can even apply for an Order for Sale to force the sale of the property.

Prior to April 2016, all Charging Order applications had to be deterimed at a final hearing.  However, from this April it appears that the vast majority of applications will be dealt with on paper by the Courts without the need of a hearing.  This hopefully streamlines the whole application process to save on time and costs for both the Court and crucially the creditor.

Please click here for more information with regard to charging order applications.

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