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Barrister Khan
Barrister Khan, Barrister
Category: Property Law
Satisfied Customers: 58
Experience:  Excellent legal grip
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I have just won in county court. I am the claiment. A

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I have just won in county court. I am the claiment. A judgement was passed for the defendant to pay me bk my £2400. She had until 17 Oct. She never paid. No correspondance. I want to action an enforcement. She is self employed. If i was to get a Baliff she would swop her car over to someone else and move household belongings. So a property charge is appealing?However, she has a Son. If she didnt get equity release out, or sell her property, what would happen to the charge if she died and had a Will and transferred the property to her Son. Would my charge still stand? Or only if the Son then sold the property? Just not sure which enforcement would be best to action. She is crafty, but if a charge means in 20, 30 years i got my money, I'd happily wait for it. The defendant is in her 50's. Thanks
Hello! Thank you for your question!If the judgment debtor (against whom you have judgment) owns property an application can be made to the court for a charge to be put over it. This can be done whether the defendant owns the property in his/her sole name or with someone else. The effect of a charge is that the debtor will not be able to sell or re-mortgage the property without paying the judgment creditor.
Once a charge is in place, an application can be made for an order forcing the defendant to sell the property. However, the courts are usually reluctant to make such orders in respect of people’s homes.
Customer: replied 4 months ago.
That didnt answer my question about the transfer of house to her Son? And what would happen to the charge?
When you go for a charging order, it normally has two stages. The application for a charging order always has two stages. These are an interim order and a final order. An interim charging order is usually granted by the court to stop her from selling her property before the final order can be made without you knowing. If a court grants in your favour a final charging order, this means that if she is to sell her property or transfer, she must pay you back out of the proceeds.Once a charging order has been made, you can apply to the court for another order to force her to sell her property. This is called an order for sale.

does this make things clearer?

Customer: replied 4 months ago.
thanks. I couldn't force a sale because the amount is only a couple of thousand. However, if the court grant me the final charge- to clarify, if she transfers the house to her Son in her Will, I would still ger my money back during this transaction?

Yes. If there is a Will, then after her death the executor of the estate has a legal obligation to satisfy any outstanding debts before making transfers. Your debt will have to be paid before transfer.

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Customer: replied 4 months ago.
Thanks a million