Statutory demands can be set aside if a debt is genuinely disputed. Our team of experts successfully advises clients on all types of set aside applications. Let us help you too.

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.


How we can help you

We can offer the following services for you

  • Free initial consultation
  • Review of demand and the underlying claim
  • Preparation and filing of set aside application if you wish to defend the claim.
  • Representation at the set aside hearing
  • Assistance in the even you are unable to pay the debt, including bankruptcy and IVA advice
  • If you have issued a statutory demand which has become defended – assistance reviewing the defence and the appropriate action to take.

Free statutory demand guides

To read more about statutory demands – and how we can help you – please look at


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 a confidential call. Or ring Stephen Downie direct and he can help you today. Call us now. We are here to help.

FWJ are lawyers with excellent contract knowledge. They managed to negotiate a contract dispute against us down to a very affordable settlement.

A company director

Case studies

View all case studies

Contact us in confidence