3. How to serve a statutory demand
You must deliver (‘serve’) the statutory demand form by:
- giving it to the individual who owes you money (you should try all their known addresses)
- leaving it at the registered office of the company or partnership that owes money (or the main place of business if they don’t have a registered office)
- giving it to the company’s director, company secretary, manager or principal officer
- get a ‘process server’ to serve it for you (a solicitor can arrange this)
You can only send it by registered post or put it through a letterbox if it can’t be delivered in person.
Records you must keep
You must keep a copy of the statutory demand and anything that confirms:
- the time and date you served the statutory demand, eg a postage receipt or confirmation from your process server
- the debtor has received the statutory demand
You’ll need this information if your demand is ignored.
If your demand is ignored
If your debtor doesn’t pay the debt or agree to your statutory demand within 21 days, you can:
- start bankruptcy proceedings against any individuals who owe you £5,000 or more
- wind up a company that owes you £750 or more
You have 4 months to apply to bankrupt or wind up your debtor. If you’re late, explain why to the court named on the statutory demand.
Serve a statutory demand abroad
Get legal help if you want to serve a statutory demand in another country.
You need to serve a statutory demand according to local laws but also according to the UK rules.