Q&As

Can a creditor enforce a charging order over an interest in property – does this mean enforcing an interim or final charging order over such property? Can an order for sale be made at the hearing at which a final charging order is made?

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Published on LexisPSL on 20/07/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Can a creditor enforce a charging order over an interest in property – does this mean enforcing an interim or final charging order over such property? Can an order for sale be made at the hearing at which a final charging order is made?
  • Can a creditor enforce a charging order over an interest in property—does this mean enforcing an interim or final charging order over such property?
  • Can an order for sale be made at the hearing at which a final charging order is made?

Can a creditor enforce a charging order over an interest in property—does this mean enforcing an interim or final charging order over such property?

A creditor ‘enforces’ a final charging order, by seeking an order for sale based on a final charging order. An order for sale cannot be obtained in respect of an interim charging order.

As set out in our Practice Note: Charging orders, a charging order is an indirect method of enforcement, ie it is a means of obtaining security in respect of a judgment debt—the charging order itself does not satisfy the judgment debt (it is a precursor to satisfying it). It is a two stage process whereby an interim order is first sought. An interim charging order gives notice that the judgment creditor has charged the debtor’s property to secure the judgment debt. Nothing more can happen unless and until a final charging or

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