I have been served with an interim charging order, what do I do?

You will have received the interim charging order because the claimant has told the court that you have failed to pay the amount of the judgment when it was due or failed to pay one or more instalments due under the terms of your judgment.

The charge should be for the amount you owe the creditor.

A charge on your property means that if you sell it the charge usually has to be paid first before any proceeds of sale can be given to you. This order does not compel you to sell your property.

You can object to this order by filing written evidence setting out your objections not less than 7 days before the hearing date. You must send copies of your objections to the court and the creditor. You will have to attend the hearing.

The judge will consider the creditors case and the evidence you have filed. If the judge is satisfied that a final order should be made the court will draw the order.

In some cases the creditor may apply to the court to force you to sell your property using an "order for sale". If this happens you will be given the opportunity to attend a hearing before an order is made.

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