Enforce Your Money Judgment with an Order for Sale

What Is an Order for Sale?

An Order for Sale is a court order that enables a creditor to force the sale of a debtor’s property to recover a debt. It follows a Final Charging Order and is typically used when the debtor has refused to pay voluntarily and all other enforcement methods have failed.

Once granted, the court order instructs that the debtor’s property (such as a house or flat) is sold and the proceeds used to settle your debt.

When Can You Apply for an Order for Sale?

Before applying, you must:

• Have a valid County Court Judgment (CCJ) or High Court Judgment
• Obtain a Final Charging Order registered against the debtor’s property
• Be able to demonstrate that the debtor has not repaid the debt voluntarily

Orders for Sale are particularly effective for high-value debts and situations where the debtor owns equity-rich property.

The Order for Sale Application Process

1. Final Charging Order

You must first secure a Final Charging Order against the property.

2. Submit a Part 8 Claim

Complete and file a Part 8 claim form with the relevant court, detailing your debt, the existing Charging Order, and property information.

3. Pay the Application Fee

The court charges a £365 fee to process the application.

4. Serve Notice to the Debtor

You must notify the debtor and any other interested parties (such as mortgage lenders or co-owners).

5. Attend a Court Hearing

The court schedules a hearing, usually within several weeks. Both parties can present their case. The court considers:

• The debtor’s financial circumstances
• Whether the debt is substantial
• Whether the sale would cause disproportionate hardship

6. Court Decision

If satisfied, the court grants the Order for Sale, allowing you to proceed with the property’s sale via legal channels.

Costs Involved in an Order for Sale

It’s important to consider the following costs when applying:

• Court fee: £365
• Solicitor/legal fees: typically between £1,500–£3,000, depending on complexity
• Barrister/counsel fees (if needed): between £500–£1,500 per hearing

In many cases, these costs can be reclaimed from the debtor, subject to court approval.

Why Choose Phoenix Solicitors?

Specialist Expertise – We have significant experience in enforcing debt judgments through Charging Orders and Orders for Sale.

Tactical Advice – We assess the risks, costs, and likelihood of success before proceeding.

Tailored Service – Every case is different. We provide strategic guidance based on your specific circumstances.

Clear, Transparent Fees – No hidden charges, just straightforward advice and competitive rates.

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