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A charging order is a court order that creates a legal charge over a debtor’s property to secure the repayment of a money judgment. It is part of enforcement proceedings in England and Wales, typically pursued through the County Court or High Court. A solicitor handles applying for an interim and/or final charging order, serving evidential material, negotiating with the debtor, and, if needed, seeking variation or discharge of the charge, or steps to sell the charged property to recover the debt. The process is shaped by court rules and the availability of other enforcement options such as orders for sale or appointing a receiver.
What a solicitor handles in these matters
A charging order involves presenting the judgment debt, establishing a charge over the debtor’s property, and progressing to a final order. The solicitor drafts and follows the application for an interim charging order, prepares evidence of the debt and the property, and liaises with the Land Registry and court. They may also handle applications to vary or discharge the charge, respond to challenges from the debtor, and, if necessary, pursue enforcement steps such as sale of the property or appointment of a receiver. Key procedural stages include lodging with the appropriate court, notifying the debtor, and complying with any interim orders and deadlines.
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