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If a creditor is owed money, they can issue a statutory demand. A statutory demand is a formal written request that a debt must be paid.

An individual or business that receives a statutory demand has 21 days to:

• settle the debt
• secure the debt - reach an agreement for payment

If you are an individual and you have been served with a statutory demand, you can ask the High Court to 'set aside' (dismiss) the demand. If you wish to do this, your application to the Court to have the demand set aside must be made within 18 days from the date on which the statutory demand was served on you. In the case of a company, an injunction can be sought to restrain the creditor from petitioning for winding up or appointing an administrator. 

If the debt is not paid the creditor can: 

• in the case of personal debts, including debts incurred as a sole trader or when trading in partnership with someone else, present a petition to the High Court for a bankruptcy order if the debt is for over 拢5,000 
• in the case of company debts, present a petition to the Court for a winding-up order, if the debt  is for over 拢750

To find out how to serve a statutory demand see serving a statutory demand.

How you serve a demand varies according to who you are serving it on - whether an individual or a company.

Individual or sole trader

If an individual or a sole trader owes you money, you must do everything you can to bring the statutory demand to the attention of the person concerned and, if possible, serve it personally.

You can employ a process server to do this for you - a process server serves court and legal documents on behalf of:

• solicitors
• lawyers
• local authorities
• government agencies
• companies
• private individuals

Registered limited company

If a registered limited company owes you money, you can serve a statutory demand by delivering it to the company's registered office. If you cannot do this, you can send one by registered post. The demand will be properly served if the company acknowledges it by signing the Post Office receipt.

Unregistered limited company

If an unregistered limited company owes you money, you may serve the statutory demand by:

• leaving it at the company's main place of business
• delivering it to the company secretary, manager or principal officer of the company
• serving it in a way directed or approved by the court

A statutory demand must explain to the debtor:

• the purpose of the demand
• what will happen if they fail to comply within the 21-day time limit
• the time and manner in which the demand must be complied with
• if the debtor is an individual, their right to apply to the High Court to have the statutory demand set aside (dismissed)

The demand must also include the contact details of a named individual with whom the debtor can communicate regarding the debt.

You - or someone authorised to sign on your behalf - must sign and date the demand. It must state:

• the amount of the debt and the consideration for it - if there was no consideration, then it must detail the way in which the debt arose
• if the debtor is an individual
  • whether the debt is payable immediately or at a future date
  • details of the unsatisfied judgment or - if none - the basis for the creditor's belief that the debtor appears to have no reasonable prospect of being able to pay

What forms should I use to issue a statutory demand?

To issue a statutory demand, you must complete the relevant form. The forms vary according to who you're serving the demand on and the circumstances surrounding the debt.

If you're serving a demand on an individual, including a sole trader, you need to use the appropriate forms. The Department for the Economy (DfE) provides statutory forms that you can download, including:

• Form 6.01 - to be used for a debt for a specific amount which is payable now. .
• Form 6.02 - to be used for a debt of a specific amount which is payable now following a judgement or order of court. .
• Form 6.03 - to be used for a debt that is payable in the future. .

Form 4.01 should be used in the case of a debt due from a registered or unregistered company.  

If you own a business that has been served a statutory demand, see what to do if you are served with a statutory demand.

If the debtor does not pay the statutory demand and you intend to carry on with debt-recovery proceedings, you will need to prove you have served the demand. One option is to employ a process server. A process server serves court and legal documents on behalf of:

• solicitors
• lawyers
• local authorities
• government agencies
• companies
• private individuals

If you're intending to present a petition for a bankruptcy order based on a statutory demand, the total debt must be more than 拢5,000. If you're intending to present a petition for a winding-up order based on a statutory demand, the total debt must be more than 拢750. However, a number of creditors for smaller amounts can put their claims together to reach this minimum.

You can ask the High Court to make a bankruptcy order or winding-up order:

• if the debtor does not settle the debt or reach an agreement for payment within 21 days from the date of service of the statutory demand, or 
• if the debtor is an individual, they do not ask the Court to set aside (dismiss) the demand within 18 days from the date of service of the statutory demand, or 
• if the debtor is a company, an injunction is not sought to prevent the company being wound up or placed in administration

You should never ignore a statutory demand. If you are an individual and the debt is for 拢5,000 or more, it could lead to you being made bankrupt. If you own a company and the debt is for 拢750 or more it could lead to your company being wound up by the High Court.

To avoid this, you must comply with the statutory demand within 21 days. You can either settle the debt or secure it by reaching an agreement for payment. If you dispute it, you should take action to stop the creditor presenting a bankruptcy or winding-up petition.

Disagreeing with a statutory demand

If you are an individual you have 18 days from when the statutory demand is served on you to apply to the High Court for the statutory demand to be set aside - dismissed or cancelled. If the debt is owed by a company you own you should seek legal advice about obtaining an injunction to prevent the company being wound up or placed in administration at the earliest opportunity. 

Application to set aside a statutory demand

If you want to apply to set aside a statutory demand, and the debt is owed by you personally and not by a company you must apply to the High Court using form 6.04 and form 6.05. The application must be accompanied by four copies. The Department for the Economy (DfE) provides links to all .

From the time you file the application to set aside the statutory demand the deadline for you to comply with it stops running.

Provided an application to set aside the statutory demand is not dismissed immediately, the Court will fix a time for hearing the application, enter this each of the four copies of the application and seal and return them to you. You must then give at least seven days' notice of the hearing to:

• the creditor
• whoever is named in the statutory demand as the person with whom the debtor may enter into communication

by sending them a sealed copy of the application. 

Setting aside a statutory demand (if you owe the debt as an individual)

The High Court has various grounds for setting aside a statutory demand - it may grant an application for setting aside if:

• the debtor appears to have a counter-claim, set-off or cross demand equal to or greater than the debt they owe
• the debt is disputed on grounds the Court considers to be substantial
• it appears that the creditor has not disclosed some security or the Court is satisfied that the value of the security is greater than or equal to the amount claimed
• the Court is satisfied on other grounds that the demand ought to be set aside

If the High Court dismisses your application, the deadline for you to pay or secure the debt will restart from the day your application is dismissed. The Court will make an order authorising the creditor to present a bankruptcy petition either forthwith or from a specified date and you must send a copy of this order to the creditor who served the statutory demand on you.