Guidance

Respond to a charging order

Updated 22 May 2024

Interim charging order

An interim charging order is an order of the court that places a ‘charge’ on your property. If your property is sold, the charge usually needs to be paid before you receive any money from the sale. The charge will be the amount you owe to the creditor.  

You may have received this order because the creditor has told the court you: 

• have failed to pay the amount of the judgment when it’s due 
• are paying instalments under the terms of the judgment – if there has been no default payment the court will have taken this into account 

A charging order does not mean you have to sell the property.

Oppose an interim charging order

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You can request for the decision to be reconsidered by a district judge. A request must be received by the court within 14 days of the order being served. A district judge will review the request without a hearing. There is no fee for this.

County court

You can file written evidence of your objections. This must be done 7 days before the hearing. You must send copies to the court and the creditor. You will be expected to attend the hearing.

At the interim charging order hearing

The judge will consider the creditor’s case and any evidence that you or the creditor have filed. If the judge decides to make a final order, the court will draw the order.

Oppose a final charging order

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If you want to object to the making of a final order, you must do so in writing within 28 of the order being served. There is no fee for this.

If a final charging order has been made by a legal adviser, you can request for the decision to be reconsidered by a district judge. You must do this in writing within 14 days of the order being served. A request must include:

• a summary of the issue
• an explanation of why you want the order to be reconsidered

A district judge will review the request without a hearing. There is no fee for this.

County court

You have 7 days before the hearing to file and serve any objection to the making of a final charging order. You must send copies to the court and the creditor. This must be in writing and include the grounds of the objection.

At the final charging order hearing

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The judge will consider the application and any filed evidence you have served.

If there are objections and the judge agrees with them, the application may be dismissed.

If no objections are received, the court will consider making the final charging order after 49 days (starting from the date when the interim charging order was made). Any fees paid by the creditor are usually recovered from the debtor by being added to the judgment. You and any other party will be sent a copy of the order.  

County court

The judge will consider the application and any filed evidence you have served. 

If there are objections the judge will either deal with them or give ‘directions’ for a later hearing. Directions tell you what you must do to prepare for a hearing. If the judge agrees with the objections, the application may be dismissed.  

If the application is successful, any fees paid by the creditor are usually recovered from the debtor by being added to the judgment. You and any other party will be sent a copy of the order.

A creditor has applied to the court to force you to sell your property

In some cases where a final charging order is made, the creditor may apply to the court to force you to sell your property. This is called an ‘order for sale’. If an application is made, you can attend a hearing before an order is made.