Charging Order

If the individual owns property in England or Wales (not Scotland) a creditor can apply to the court to "Register a Charge" at the Land Registry against the debtor's property to show that they have an interest in that property. While this action may forewarn any person intending to buy the individuals property. It can assist recovery in terms of any free proceedings from the sale of heritable property.

A creditor can apply for a Charging Order as soon as they obtain a judgment against an individual(s). This means the creditor may be able to obtain a charging order even if the debtor is not late paying what they owe. In this respect a charging order can be used to secure the debt owed to a creditor. Once a creditor has registered a Charge against the individual’s property they can apply to the court to order that the property is sold so that your Charge can be paid as soon as possible.

The content of this website is for general information only and should not be relied upon. It is not intended to be construed as legal advice and should not be treated as a substitute for specific advice.