It is vital to serve a statutory demand properly. Failure to do so can invalidate the whole process and lead to an unwanted costs order against you. Let our experts help
Service on a limited company
If it is a company statutory demand, it should be served at the registered office of the company in accordance with the Insolvency Act 1986 (Section 123(1)(a)).
Service on an unregistered company
The rules vary slightly for statutory demand service on an unregistered company where service can be undertaken by leaving the statutory demand at the company’s main place of business, delivering the statutory demand to an officer manager or director of the company or seeking the court’s guidance on how to serve the statutory demand.
Service on an individual
If the statutory demand service is for an individual, the service must comply with Rule 10.2 of the Insolvency Rules 2016. The creditor must take all steps to make sure that the statutory demand comes to the attention of the individual.
Avoid mistakes – consider using a process server to help with service
In our experience it is always better to have a process server arrange for service of the statutory demand.
- this means that a professional is arranging for service of the statutory demand and it removes any doubt as to whether service has been validly done;
- the process server will then prepare a witness statement setting out the details of statutory demand service so to avoid any doubt that it has properly happened;
- we can arrange for a process server to help.
If the process server cannot serve the statutory demand then it is possible to serve the statutory demand by what is called substituted service. Often a process server will leave what is called a letter of appointment and if the debtor does not turn up at the right time on the appointed day, the statutory demand can be served by post through the letterbox or other means.
Occasionally demands can be served by social media although often the court sanction is required for this.
Our expert team of statutory demand solicitors at Francis Wilks & Jones are here to help you with your statutory demand questions including any issues relating to service. Contact one of our expert friendly team today.