How to use the N379 builder
- Enter the application. Enter the court, the claim number and the parties with references, and say how the fee will be paid: fee account, cheque or help with fees.
- Enter the judgment. Enter the judgment creditor, the court and date of the judgment, and any other claim numbers against the same debtor.
- Enter the debtor and the debt. Enter the judgment debtor’s name, address and date of birth if known, what the judgment requires, what is still owing with interest, and whether it is payable by instalments.
- Describe the land. Enter the address of the land, whether the title is registered and its title number, the debtor’s interest in it and how that is shown.
- Name the others. List any other creditors you know of and anyone else with an interest in the property, such as a co-owner, trustee or spouse, who will be served with the interim order.
- Sign, download and file. Confirm the statement of truth and who signs, enter the address for documents, then download the filled N379, check it, sign it and file it with the fee, the evidence and an extra copy.
Which court, and where to send it
A County Court judgment is charged in the County Court, and so is a High Court judgment for £5,000 or less; a High Court judgment for more than £5,000 can be charged in the High Court or the County Court (Charging Orders Act 1979 s.1(2); County Court Jurisdiction Order 2014 art 3). Section 1(2) has its own rules for a fund in court (the court where it is lodged), a High Court maintenance order or family costs order (the High Court or the Family Court) and a Family Court order (the Family Court). A County Court application goes to the Civil National Business Centre, unless it concerns a fund in court (CPR 73.3(2) and (3)). One application can cover several judgments against the same debtor (CPR 73.3(4)). The fee number follows the court: fee 8.4(b) in the County Court, 7.3(b) in the High Court.
Judgments payable by instalments
For an instalment order made on or after 1 October 2012, the fact that the debtor is up to date does not prevent a charging order, though the court must take it into account (s.1(6) to (8)). PD 73 para 1.2(4) asks for the date of the order and the instalments that have fallen due and remain unpaid. The form has a box for those only on its line for orders made before 1 October 2012, so for a later order the builder states them at the start of section 8.
After the interim charging order
At the Civil National Business Centre, the creditor serves the interim order, the application and its documents within 21 days and files a certificate of service, with a statement of the amount due, within 28 days (CPR 73.7(1) and (2)). Where the interim order was made at another court, or the judge transferred the application for a hearing when making it (CPR 73.4(6)), service is at least 21 days before the hearing (CPR 73.7(5)). Fill in the certificate of service with the free N215 builder.
The court fee and fixed costs
The fee is £139.00 for each charging order applied for (fees 8.4(b) and 7.3(b)); see the civil court fees calculator. A legally represented creditor’s fixed costs on a final charging order are £110.00, with reasonable disbursements for search fees and registering the order (PD 45 Table 7). To weigh a charging order against the other ways of enforcing, use the enforcement options calculator.
Related tools
- Enforcing: the enforcement options calculator, the N293A transfer up builder and the fixed costs lookup
- Interest, fees and service: the judgment interest calculator, the civil court fees calculator and the N215 builder
- Every free tool in one place: costs help for solicitors
Sources
- Form N379: apply for a charging order on land (HMCTS, GOV.UK)
- CPR Part 73 (rules 73.3 to 73.10A), also on legislation.gov.uk, and Practice Direction 73 (paras 1.1 to 1.4)
- Charging Orders Act 1979 (ss.1 to 3) and County Court Jurisdiction Order 2014, art 3
- Tribunals, Courts and Enforcement Act 2007 s.93 (instalment orders from 1 October 2012)
- County Courts (Interest on Judgment Debts) Order 1991, art 4
- Civil Proceedings Fees Order 2008, Schedule 1 (fees 8.4(b) and 7.3(b)) and Practice Direction 45 (Table 7)