Responding to a court judgment

You have 14 days to respond to a court judgment. To respond, you must do one of the following: pay the debt reach an agreement with the creditor to pay the debt in the future, for example by using a Company Voluntary Arrangement put your company into administration apply to liquidate (‘wind up’) your company yourself challenge the court judgment If you do not respond to the court judgment within 14 days, your creditors can apply to have your assets seized by a bailiff or sheriff. Your creditors can apply to wind up your company if your assets are not worth enough to pay your debts.

Responding to a statutory demand

You have 21 days to respond to a statutory demand. To respond, you must do one of the following: pay the debt reach an agreement with the creditor to pay the debt in the future, for example by using a Company Voluntary Arrangement put your company into administration apply to liquidate (‘wind up’) your company yourself Your creditors can apply to wind up your company if you do not respond to the statutory demand within 21 days. Stop your creditors from applying to wind up your company You can apply to the court to stop (‘restrain’) your creditors from applying to wind up your company. You must do this within 21 days of getting the statutory demand. Download and fill in application form IAA . Which court you apply to depends on how much money shareholders have paid into your company by buying shares (‘paid up share capital’). Check the Companies House register to find out your company’s paid up share capital. Your paid up share capital is less than £120,000 Use the court finder to find a court dealing with insolvency. You must use the court nearest your company’s registered office. Your paid up share capital is more than £120,000 You must apply to the High Court. The High Court Companies Court 7 Rolls Buildings Fetter Lane London EC4A 1NL

Getting a winding-up order

Your creditors can apply to the court to close down your company. They do this by making an application called a ‘winding-up petition’. You can apply to stop your creditors from making a winding-up petition if you were given a statutory demand . They can withdraw the petition if your company pays the debt or makes an arrangement to pay it. Attending the hearing If the petition is accepted, the court will arrange a date for a hearing. You must attend the hearing. Your creditors will announce when and where the hearing will take place in The Gazette . Your company can be put into the control of someone else until the hearing happens. This is known as ‘provisional liquidation’. If the court decides you cannot pay your debts The court will issue a winding-up order. An officer of the court (‘official receiver’) will be put in charge of winding-up your company. You must co-operate with the official receiver . When you get a winding-up order: your company’s bank account will usually be frozen its assets or property will be sold by the official receiver If any part of your company is bought with the intention of discontinuing the business (not running it as a ‘going concern’) then your employees will lose their jobs. You can be banned from being a director for up to 15 years if you do not carry out your duties properly. Cancel a winding-up order You can apply to cancel a winding-up order if you do not think you need to pay your creditors. You must do this within 5 working days of getting the order.

Dealing with your limited company's debts

If your company cannot pay its debts

Your limited company can be liquidated (‘wound up’) if it cannot pay its debts.

The people or organisations your company owes money to (your ‘creditors’) can apply to the court to get their debts paid.

They can do this by either:

getting a court judgment
making an official request for payment - this is called a statutory demand

Get professional advice from a solicitor or insolvency practitioner if your company is in debt.

View a printable version of the whole guide

Dealing with your limited company's debts

If your company cannot pay its debts

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Dealing with your limited company's debts

If your company cannot pay its debts

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