Statutory Demand
Upon receipt of your instructions to serve a ‘Statutory Demand’ we make our initial attendance and enquiries within 24 hours.
We will attend with and have to hand a letter of appointment for the debtor in the event that they are not at home on our first visit. We will revert back to you with an interim or final report within 48 hours.
Having been process serving for over thirty years we are fully aware of the rules of service and will conduct ourselves in a professional manner at all times.
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Who can issue a Statutory Demand & why would you
Anyone can make a Statutory Demand.
A Statutory Demand can be made to ask for payment of a debt from either an individual or a company. Anyone who is owed money (the ‘creditor’) can make a Statutory Demand. You don’t need to send a separate letter.
- payable now
- payable now following a judgment or court order
- payable in the future, if you think they won’t be able to pay the debt when they need to
If you’re in Scotland
You must use a different form to make a statutory demand in Scotland.
Is there a minimum amount a statutory demand can be issued for.
There is no minimum amount of debt on a statutory demand, however statutory demands are usually a pre-cursor for further action against a debtor, be it a company or an individual. It is useful to understand the next phase of a statutory demand and why the amount claim on a statutory demand is important.
If a statutory demand is served against an individual and the debt is still not paid, the the next stage that can be taken by the creditor is to issue a bankruptcy petition or bankruptcy order. The important part of the amount is due to the bankruptcy petition rules that stipulate a minimum amount of £5000 for an individual. Therefore, creditors who use statutory demands against individuals normally do so on debts over £5000, otherwise if a debtor who has been served with a statutory demand for less than that amount knows the rules and they then fail to pay the statutory demand for lessor figure of £5000 it doesn’t matter as the creditor can not then issue a bankruptcy petition.
Rules for service
The creditor (The person claiming the money) is under an obligation to do all that is reasonable to bring the statutory demand to the debtors attention if practicable to personally serve the debtor. When prompt personal service of a statutory demand is not possible, service maybe effected by other means such as first class post or insertion through the letterbox at the debtors home address.
An initial attendance is made to the debtors home address. If the debtor is present then our process server can personally serve them by handing them the demand there and then.
If the debtor is not home our Process Server will endeavour to confirm that the debtor continues to reside at the address and at what time they are usually home.
A letter of appointment is then left at the address electing to meet with the debtor at a later date, usually 7 days.
Our process server will then attend by appointment, serve the debtor personally if at home by handing them the document. If the debtor is not home our process Server will endeavour to confirm a sighting one them during the last 7 days and confirm if they will have received mail and correspondence at the address. If so the Demand will be posted through the letterbox in accordance with the rules for service in an envelope addressed to the debtor at his home address, marked ‘Private and Confidential’.
Proof of service
We are able to prepare any proof of service on your behalf.
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