How do I prove the debtor is unable to pay their debts

The court will regard an individual as being unable to pay their debts if either of the following occurs:

  • A creditor who is owed more than £5,000 serves a Statutory Demand for the debt due and it is not paid or secured (for example, by way of a charging order or a guarantee to provide something else of the same value); or
  • A settlement is not agreed, within 21 days, and the debtor has not applied for the statutory demand to be set aside.

Alternatively, if you have obtained a county court judgment against the debtor and the court bailiff has been unable to recover enough assets to pay the debt, then the bailiff can provide a statement to the court to this effect, which is sufficient evidence of the debtor’s inability to be able to pay the debt.

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