What is a charging order?

This is a court order placing a charge on the judgement debtor's property, for example their home, or a piece of land. The charge will be for the sum you are owed and can be used for an unpaid debt of £1,000 or more. Until October 2012 a charging order could only be given, in most circumstances, if a debtor missed a repayment instalment. Now a charging order can be given at the same time as the County Court Judgment (CCJ).

You do not have to get your money immediately it can safeguard your money for the future.

The charge means that if the property is sold you will be paid first before any proceeds of the sale can be given to the judgment debtor.

A charging order does not compel the judgment debtor to sell their property. However once the charging order is in place the creditor can go back to the court and ask for the property to be sold to repay the debt.

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