29 Nov Challenge a Statutory Demand
If you do not agree with a statutory demand you’ve been given, you can apply to challenge it and get it ‘set aside’.
You can be made bankrupt or your company wound up if you ignore a statutory demand.
You must apply to the court named on your statutory demand. Contact a solicitor or your nearest county court if you’re not sure where to send your application.
You cannot challenge a statutory demand if it was served on a company. You can apply to stop your creditors from winding up your company instead.
Any bankruptcy petitions the creditor has already filed against you will usually be suspended until the court reaches a decision.
The court will not usually set aside a statutory demand if it was served on you following the judgment of another court unless, for example:
- you think the creditor owes you the same amount as your debt, or more
- the amount on the statutory demand is secured
Deadlines
You must apply to challenge the statutory demand within either:
- 18 days if you were in the UK when you got the statutory demand
- 21 to 34 days if you were in another country when you got the statutory demand – check the table of countries for specific deadlines
If the deadline is during a weekend or on a bank holiday, you have until the next day the court is open to apply.
You might be able to get an extension in some circumstances – contact the court to find out what these are.