HomeFWJ TakeawayResourcesSetting aside a statutory demand

If you are a company or individual needing to defend or set aside a statutory demand - we are the team to help. Call today for your fast, friendly and professional advice.

Using the right form

In order to set aside a statutory demand, a debtor must file an application at court in order to apply for setting aside a statutory demand. 

That is done by a form 6.4. Whilst relatively straightforward, care needs to be taken to ensure the form and application is properly completed and supported evidence. Failure to do so can very much damage the prospects of a debtor successfully setting aside a statutory demand.

At Francis Wilks & Jones, our team can help ensure you complete this important document properly and draft the evidence in support.

Initial review by the judge

The initial application will be put in front of a judge to see whether it merits having a full court hearing. A badly completed application will mean that it won’t even get past the first hurdle – in which case the creditor can continue with further enforcement action – most commonly a bankruptcy petition.

If the judge does agree that there are sufficient grounds to proceed, the case will be listed for a hearing.

The set aside hearing at court

At the set aside hearing, the judge will review the witness statement evidence filed by the debtor and make a decision as to whether the statutory demand should be set aside or not. For example,

  • if the debtor can show that the debt is subject to a genuine and substantial dispute then court will order setting aside the statutory demand;
  • if the debtor shows that there is a valid cross claim which extinguishes the amount of the creditor’s claim, the statutory demand will also be set aside.   

At Francis Wilks and Jones our team have successfully dealt with many statutory demand set aside applications – both for the creditor and the debtor. Whatever your enquiry, let us help you

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