Q&As

If a debtor is paying off a debt by monthly instalments and a charging order is obtained over the debtor's property as security only, can the creditor enforce the sale of the property if the debtor defaults on the monthly payments?

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Published by a UUÂãÁÄÖ±²¥ Property Disputes expert
Published on: 09 July 2015
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Obtaining a charging order

A charging order is an indirect method of enforcement which secures the judgment debt rather than satisfies it.

For a summary of the process for obtaining a charging order, see Practice Note: Pre-6 April 2016—charging orders—what are they and when to use them [Archived] and Obtaining a charging order—flowchart.

Judgment debt payable in full

Assuming that the judgment debt is not specified to be payable by instalments by way of an 'instalments order' (ie if there is just a straightforward judgment for payment of the whole amount of the debt, which will be payable within 14 days of the order

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