Submit Charging Order (CO) application
A charge on a debtor's property means that if the property is sold, the charge usually has to be paid first before any of the proceeds of the sale can be given to the debtor. A Charging Order (CO) does not compel the debtor to sell the property. However, if the debtor owes you more than £10,000 you can apply to the court to make an "Order for Sale".
If there are already charges on the property when your charge is registered, for example a mortgage, then those charges will be paid first.
If the judge is satisfied with the information you have provided, the judge will make an interim charging order.
What will happen if the debtor objects to the making of a final charging order?
If the debtor wishes to object the judge will consider your application and any evidence the debtor or any other person served with your application has filed. If objections have been raised, the judge can deal with them there and then, or give directions for a hearing. If the judge feels that the objections are justified, your application may be dismissed.
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