How should I serve the Statutory Demand?

02 Mar How should I serve the Statutory Demand?

Posted at 14:46h in Uncategorised by pia-user
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a. If an individual owes you money:

 

You must do everything you can to bring the statutory demand to the attention of the person concerned and, if possible, serve it personally on them. You should try to serve the demand at all their known addresses. You can employ a process server to do this for you (see paragraph 6).

 

If you cannot serve the demand like that because the person is keeping out of the way to avoid service, there are alternatives. You should use them only after:

  • you have tried to serve the demand; and
  • you have issued a letter of appointment  so that you can serve it personally.

 

If you fail to do this:

  • the court may refuse to issue a petition; or
  • the court may issue a petition and a bankruptcy order but could annul (cancel) the order if

you did  not serve the demand properly, and order you to pay costs.

 

The alternatives to personal service are as follows:

  • You can send the demand by first-class post or put it through the person’s letterbox, but only when you have made all efforts to personally serve it. If you do this yourself and you go on to present a bankruptcy petition against this person, you will need to provide an Affidavit that says how you tried to serve the demand. You will also have to state how you served the demand and on what date you believe the debtor would have seen it.
  • You may advertise the demand in any way you think right if:
    • the money is owed under a judgment or order of any court, and you know or believe that the debtor has left their address or is keeping out of your way to avoid service; and
    • you believe you would not be able to recover the money owing to you by enforcing the court order.

 

See paragraph 3 “Must I always serve a statutory demand?” above about how to enforce a judgment.

 

b. If a registered limited company owes you money:

 

The statutory demand is served if you leave it at the registered office of the company.

 

If you are unable to do this, a demand will be properly served if you:

  • deliver it to the company’s director or company secretary, manager or principal officer; or
  • send it by registered post to the company’s registered office and the company acknowledges it by signing the Post Office receipt.

 

 

c. If an unregistered limited company (a company not registered with the Registrar of Companies) owes you money:

 

You may serve the statutory demand by:

  • leaving it at the company’s main place of business; or
  • delivering it to the company’s director, company secretary, manager or principal officer; or
  • serving it in a way that the court may approve or direct.