04 Mar Do I need proof I have served a statutory demand?
Yes, you will need proof of service if the debtor does not pay the statutory demand and you intend to carry on with debt recovery proceedings. It is usual to employ a process server to provide such proof. You can email us at Professional Information Agency Limited in Belfast
To start any bankruptcy proceedings (present a petition), the debt has to equal or exceed £750. To start winding-up proceedings (present a petition) using the statutory demand process, the debt has to exceed £750. A number of creditors for smaller amounts can put their claims together to reach this minimum.
If the debtor or company does not pay, secure or agree a settlement, or apply for the demand to be set aside, then after 21 days from the date of serving the demand, you can ask the court to issue a bankruptcy or winding-up petition. You will also have to serve this on the debtor or company. This then leads to a court hearing where a bankruptcy or winding-up order may be made.
If a bankruptcy petition is based on a statutory demand, you must file at court with the petition a certificate of service verified by a statement of truth that gives details of your service of the demand.
The Process Server who verifies the certificate of service and statement of truth must be the person who served the demand, unless the debtor acknowledges service (agrees that they have been served it). If the debtor acknowledges service, then the person who should verify the certificate of service is the creditor or a person acting on their behalf.