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If you are owed money by a company that cannot or will not pay it back, you can apply to the Court for a winding-up order. As part of your petition, you will need to prove to the Court that the company cannot pay its debts.

It can be proved that a company cannot pay its debts if:

• a creditor owed over £750 serves the company with a 'statutory demand' - form 4.01 - which the company does not comply with within three weeks
• a creditor obtains judgment against the company and execution is unsatisfied (there are not enough assets or funds to clear the debt)
• the company cannot pay its debts when they are due
• the company's total debts exceed its total assets

Obtaining a judgment

A creditor obtains judgment against the company, it is lodged for enforcement with the Enforcement of Judgments Office and a certificate of unenforceability is issued under Article 19 of the Judgments Enforcement (Northern Ireland) Order 1981.

You must apply to the court if you want to issue a claim for judgment yourself.

Presenting your winding-up petition to the High Court

Winding-up petitions are presented in the Northern Ireland High Court in Belfast.

To contact the High Court, write to:

Northern Ireland High Court
Royal Courts of Justice
Chichester Street
Belfast

Alternatively, you can contact the Northern Ireland Courts and Tribunals Service Enquiry Line on Tel 0300 200 7812.

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