How do I apply for a charging order?

You apply after you have won judgment. However the judge is unlikely to award you an order unless the judgment debtor has failed to pay the judgment when it was due or has failed to pay one or more instalments when due.

To apply you complete Form N379 (application for charging order on land or property). If you are seeking an order against stocks and shares or money in court you should complete Form N380 (application for a charging order on securities).

If the judge is satisfied with the information you have provided the judge will make an interim charging order. To make sure the charge is effective immediately, you must register it. You can obtain information about how to do this by ringing the Land Registry's General Enquiry Line 0207 917 8888. The court cannot give advice on this, nor undertake the registration for you.

The order will be drawn on Form N86 (interim charging order). A copy will be sent to you and the judgment debtor. The order will state the date and time of a hearing at which the judge will decide whether or not to make a final charging order.

If the judge is not satisfied with the information you have given in your application the court will let you know. If he judgment debtor wishes to object to the making of a final order they must file written evidence and serve a copy on you not less than 7 days before the hearing.

You must attend the hearing otherwise the judge may dismiss your application. Directions tell you what you must do to prepare for that hearing.

You must contact the Land Registry after the hearing. Inform them of the making of the final charging order or, if your application is dismissed ask that the interim charging order is removed from the register.

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