Statutory demand service on an individual
When serving someone personally with a statutory demand, the creditor must comply with Rule 10.2 of the Insolvency Rules 2016. This states that the creditor must “do all that is reasonable for the purpose of bringing the statutory demand to the debtor’s attention and if practicable in the particular circumstances, to cause personal service of the demand to be effected”.
It is always best to have the statutory demand served on the individual personally. This removes any doubt with regards to service of the statutory demand and any allegations by the debtor that he/she was unaware of it.
However, on occasion the process server cannot locate the individual on the first visit at the address given. In those circumstances the process server should leave behind what is known as a letter of appointment. That letter informs the debtor of a date and time when the process server will return to the address to arrange for statutory demand service. If the person is then there at that time, he/she will be personally served. If they are not then the statutory demand is served by way of substituted service.
It is occasionally possible to obtain court sanction for the statutory demand to be served by the use of social media. The courts have for example being prepared in certain circumstances to allow service by Twitter and Facebook in civil litigation although this is very much the exception rather than the rule.
If the creditor believes that the debtor has absconded or is deliberately avoiding statutory demand service, the demand itself may be advertised if the debt arose pursuant to a judgement or court order. This is pursuant to Rule 10.2 of the Insolvency Rules 2016.
At Francis Wilks & Jones, we have access to experience process servers to make sure that the individual is served either personally or statutory demand substituted service properly carried out. It is important that this is carried out correctly as only then will you be able to proceed with a bankruptcy petition if you so wish.
Insolvency Rule 10.1
(3) The demand must state the amount of the debt, and the consideration for it (or, if there is no consideration, the way in which it arises) and—
(a) if made under section 268(1) and founded on a judgment or order of a court, it must give details of the judgment or order, and
(b) if made under section 268(2), it must state the grounds on which it is alleged that the debtor appears to have no reasonable prospect of paying the debt.
Contact an expert statutory demand solicitor now
Please contact one of our friendly expert statutory demand solicitors now for your consultation. At Francis Wilks & Jones, we have all statutory demand experience needed to deal with any type of statutory demand problem. Feel free to look at our website and the many different statutory demand examples of cases where we have successfully assisted our clients.
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