OBTAINING A CHARGING ORDER AGAINST YOUR DEBTOR

If you have a Judgment against your Debtor and you want to obtain a Charging order against them the first thing you will need to do is undertake a Land Registry Search against your debtor to establish whether they are on the title deeds of “their” property.  There are two stages to apply when applying for a charging order against a debtor’s property.

Stage I The first stage is for you to apply for an interim charging order by completing and issuing  an application notice. It will be necessary for you to provide copies of Land Registry  Entries when submitting your application notice to the Court. Your application will be considered, without a hearing, by a judge who will consider whether to make an interim order and fix a hearing date to consider making a final  charging order. If the interim order relates to land, it is usual, as a precaution to  to register the interim order as a pending action under the Land Registration Act 1925 or before it is served on the debtor. At least 21 days before the final hearing, the judgment debtor must be served with the interim charging order and an  application notice and any supporting documents   Service of an interim charging order effectively prevents any dealings with the assets charged pending the final hearing. Stage 2 The second stage of obtaining a Charging Order involves attending the hearing to where the Judge will consider making the order final. If service of the interim order was effected properly  on the judgment debtor, a certificate of service must be filed at least two days before the final Court hearing or produced at the Court hearing itself. Any person objecting to the order being made final must file and serve written  evidence setting out  the grounds of the objection not less than seven days before the hearing. At the hearing the court may: ·       make a final charging order or; ·       discharge the interim order or, ·       decide any  issues or ·       direct a trial of any issues.   .

You must attend the final hearing

If you need help in preparing your documentation when applying for a charging order.  Please don’t hesitate to contact us on 0203 005 3284

This article is for information purposes only.