Statutory demand time limits
Essentially, a recipient of a statutory demand has 3 weeks (21 days) from the date of service to either pay the debt or dispute it in some way. Failure to do anything within the 21 days may lead to bankruptcy proceedings in the case of a statutory demand individual or winding up proceedings in the case of a statutory demand company.
It is important to understand when the 21 day period starts. As a general rule, the 21 day period starts from the following:
- If served by post or DX it is deemed served on the second day after the day of despatch (or if that is not a business day, on the next business day after that day).
- If it is advertised, it is deemed served on the date the advertisement appeared.
- If it is served personally, or by fax or email or being left at a specified place before 14.30 on a business day, it is deemed served on that day.
- If it is served after 16.30 on a business day, it is deemed served the next business day.
The above rules are pursuant to the Civil Procedure Rules 6.26 which relate to deemed service of documents including a statutory demand.
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Our expert team of statutory demand solicitors at Francis Wilks & Jones are here to help you with your statutory demand questions. Our knowledge of stat demands and practical daily experience means that we can assist whatever the nature of your statutory demand claim.
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