Does a statutory demand need to be personally served?

A statutory demand must be served in person by either handing it to the individual concerned, or else leaving it at the registered office or with the company director or company secretary. It can only be sent by post if it is not possible for the notice to be delivered in person.

How do I serve a statutory demand?

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 do not have a registered office)

Can you serve a statutory demand on a company?

When you can make a statutory demandYou can make a statutory demand to ask for payment of a debt from an individual or company. Anyone who's owed money (the 'creditor') can make a statutory demand. You do not need a lawyer. If the debt's over 6 years old, you cannot usually make a statutory demand.

What happens if you ignore a statutory demand?

You can be made bankrupt or your company wound up if you ignore a statutory demand. You must apply to the court named on your statutory demand. Contact a solicitor or your nearest county court if you're not sure where to send your application. You cannot challenge a statutory demand if it was served on a company.

When can you issue a statutory demand?

When you can make a statutory demandYou can make a statutory demand to ask for payment of a debt from an individual or company. Anyone who's owed money (the 'creditor') can make a statutory demand. You do not need a lawyer. If the debt's over 6 years old, you cannot usually make a statutory demand.

How is a statutory demand served?

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 do not have a registered office)

When can I issue a statutory demand?

When you can make a statutory demand You can make a statutory demand to ask for payment of a debt from an individual or company. Anyone who's owed money (the 'creditor') can make a statutory demand. You do not need a lawyer. If the debt's over 6 years old, you cannot usually make a statutory demand.

What is a statutory demand?

A statutory demand is a demand made to a company by a creditor under Section 459E of the Corporations Act. It can be made by a person who is owed a debt, or more than one debt, totaling more than the statutory minimum, which is currently $2,000.

Can a statutory demand be served by post?

A statutory demand can be served on a company by leaving it at the company's registered office, as confirmed at section 123 (1)(a) Insolvency Act 1986. In either example evidence of service is important. That can include proof of posting or an affidavit from a process server confirming service.

How long does a statutory demand last?

However, a statutory demand itself is only effective for 4 months after the date of service. If the creditor has not taken any action to issue a bankruptcy petition within 4 months from the date of service a new statutory demand will need to be served.

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Q: How is a statutory demand served?

You must deliver (&#039;serve&#039;) 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 do not have a registered office)

Page 3. If the amount of debt includes interest not previously notified to the debtor as included in the debtor s liability, details should be given, including the grounds upon which interest is charged. The amount of interest must be shown separately. Any other charge accruing due from time to time may be claimed. The amount or rate of the charge must be identified and the grounds on which it is claimed must be stated. In either case the amount claimed must be limited to that which h.

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