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Response to Statutory Demand in Bankruptcy

from David J. Button (davidjohnbutton@supanet.com)
Statutory Demands are for where the debt is due and the amount is not generally under dispute. If you are served with a SD, you have 18 days to file a set aside application at the court, or 21 days to settle it or secure for it. You ought to succeed in a set aside application if you disagree with the amount demanded and the district judge ought to make the claimant goe throug the Civil Procedure Rules, i.e. issue a summons and get judgment before they try to enforce payment by a SD and Bankruptcy.

The best advice I can give you apart from the above is go and see a solicitor when you get the SD Incidentally, you have no need to worry about getting into court before Monday because you need the SD in your hands in order to file the set aside application.

You could obstruct the service of the SD (refuse any recorded deliveries, dont answer door to unknowns etc.) but you are really only playing the system here and the end result could be substituted service by advert in the local paper.

(posted 8244 days ago)

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