HomeFWJ TakeawayWinding up petitionsDefending a winding up petitionWinding up petition certificate of service

It is vital to comply with the court rules when it comes to serving a petition. Failure to do so can lead to a petition being dismissed and a heavy costs order payable by the petitioner. Whether you are looking to serve a petition or have been on the receiving end of one - we have the team to help.

What is a certificate of service?

A certificate of service is a formal document, which is filed at court prior to the winding up petition hearing, which confirms to the court that the petition has been properly served on the company.

Certificates of service are necessary in case the debtor company argues that they did not receive a copy of the winding up petition or were not served with the winding up petition. If the court has a certificate of service before them confirming that the winding up petition was served at the correct address, then they are likely to dismiss such an argument by the debtor company.

A certificate of service is required to be in a set format and to be verified by a statement of truth. This is why we would recommend using a process server to serve the winding up petition, as part of their service will be to provide a valid certificate of service.

Certificates of service need to be filed at court prior to the hearing. Although there is no set time frame for when this has to be done, they should be filed with the certificate of compliance at the latest, namely not less than five business days before the petition hearing.

Please contact one of our expert winding up petition lawyers now for your friendly and informal consultation. At Francis Wilks & Jones, we have all the experience needed to handle any type of petition problem. We offer quick and effective winding up petition advice, whatever your situation. Call now to speak to one of our expert advisers.

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