A notice of intention to appear is a formal notice another creditor will lodge to register an interest in the winding up petition. It ca have dramatic consequences on the process and is something which must be handled carefully. Our expert team is here to help
The notice of intention to appear is a formal document which sets out the basic details of another creditor’s claim against the company which has a winding up order against it already. The notice is a way of formally registering interest and support the existing winding up petition (or opposing it).
- once the document has been sent to the petitioner (or their solicitors) it gives the supporting (or opposing) creditor the opportunity to be heard by the court at the subsequent winding up petition hearing;
- the notice of intention to appear has to be filed by 4 pm on the working day prior to the hearing of the winding up petition;
- once received by the petitioning creditor (or their solicitors) they are obliged to file a list of appearances to court prior to the hearing, confirming to the court whether they have heard form any other creditors of the company an confirming whether those creditor either support or oppose the petition;
- this then gives those creditors who have given notice the right of appearance at the hearing of the winding up petition.
At Francis Wilks & Jones, we can assist you with any issues arising from a notice of intention to appear. That could be how to draft and serve one, or how to deal with receiving one. And ensuring that you have a right to be heard at any subsequent winding up petition hearing.
Our expert team of winding up petition solicitors at Francis Wilks & Jones are here to help you. Contact us today.