Enforcement

A charging order is a way of securing a judgement debt by imposing a charge over a judgement debtor’s property. This prevents a debtor from selling his/her property without paying what is owed to you, provided that there is enough equity in the property after payment of any other creditors including mortgagors or second charge holders.

A charging order is most effective when there is substantial equity in a property and the judgement debtor is the sole owner. A charging order does not of itself realise funds to satisfy a judgment debt, however, it is a means of securing a judgment debt for payment upon the sale of the property.