County Court Enforcement – Charging Order

Now that the Courts have ruled in your favour, and your debtor has been told to pay what they owe, but they’re still dodging you? You can submit a Charging Order which prevents them from selling assets without paying you what they owe.

Once you have obtained a judgment in your favour, and you choose to use submit an application for a Charging Order on Land or Property to enforce your collection, you need to use this form. This link takes you to the Court website which enables you to download the form that you need to send to the court and also associated leaflets to help you fill in and understand the process and fees. There are also links on the right of the page to view the same documents.

This application puts a legal charge against a property or land that the debtor is an owner on, whether that is a joint or sole owner. This will be recorded at the Land Registry and therefore should prevent the property or land being sold until the judgment obtained has been settled. A Charging Order is usually made in relation to the defendant’s house or any land they might own. It can be used where the defendant owns some substantial asset but does not have any ready cash with which to pay you. A Charging Order does not in and of itself get your payment, but it prevents the defendant from selling the property or land without paying you. Which is, of course, a massive benefit as this means your judgment is now secured.

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