Setting Aside a Statutory Demand

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 form is a form 6.4 and whilst relatively straightforward, care needs to be taken to ensure the Setting Aside a Statutory Demand is properly completed and supported evidence properly set out. Failure to do so can materially damage the prospects of a Debtor to set aside a Statutory Demand.

The initial Application will go before a Judge to see whether it merits having a Hearing. A badly completed Setting Aside a Statutory Demand Application will mean that it won’t even get past the first hurdle. If it does, then the matter will be listed for a hearing.

At the Setting Aside a Statutory Demand Hearing, the Judge will review the witness statement evidence relating to the claim and make a decision as to whether Setting aside a Statutory Demand is appropriate. If a 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, then the Statutory Demand will be set aside.   

Call the setting aside a statutory demand expert now

At Francis Wilks and Jones we are Statutory Demand Set Aside experts. We can assist both Creditors and Debtors. We can help produce witness statement evidence, complete the Setting Aside Statutory Demand forms or arrange for a Barrister to attend the Setting Aside a Statutory Demand hearing. Whatever your enquiry, do contact us for a friendly consultation.

 

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