Statutory demand set aside
In circumstances where the statutory demand debt is disputed, an individual receiving a statutory demand can and should apply for the statutory demand to be set aside.
Set out in the body of the statutory demand are details as to what the individual should do in terms of statutory demand set aside. However, it always best to take legal advice on this question as statutory demand set aside it does involve a court application.
Essentially, the individual needs to make an application to the local court as shown on the statutory demand to set aside the statutory demand on the grounds that it is either disputed or that he/she has a cross claim which overreaches the amount claimed on the statutory demand. That application should be filled out carefully and supported by proper written witness evidence.
Once that statutory demand set aside application has been sent to court for issuing, the court will set a date at which the statutory demand set aside will be dealt with by a judge at court. Until the matter is heard in court, the statutory demand process is put on hold.
The judge at the hearing will then listen to the evidence and decide whether the matter is genuinely disputed or not. If the judge finds that the statutory demand is subject to a genuine dispute then it order a statutory demand dismissal and make a costs order in favour of the individual who had received the statutory demand.
Alternatively, if the evidence supplied by the individual is not good enough, then the court will dismiss the individual’s application and the creditor can, in the absence of the debt being paid immediately, proceed with a bankruptcy petition.
It is therefore very important that the individual obtains legal advice to help it through this process as the consequences of getting it wrong can lead to a bankruptcy petition.
Contact an expert statutory demand solicitor now
Our expert team of statutory demand solicitors at Francis Wilks & Jones are here to help you with any type of statutory demand enquiry or question. Contact one of our expert friendly statutory demand lawyers now for confidential statutory demand consultation. Whatever your statutory demand requirements, we can show you stat demand examples of similar cases we have successfully assisted with. Call us now. We are here to help.
Page # of 48