Solicitors for Serving Statutory Demands Against an Individual

At Mounteney Solicitors, our expert Statutory Demand Solicitors specialise in helping creditors recover debts from individuals quickly and effectively. A statutory demand is a formal notice demanding payment of an undisputed debt, and it is often the first step in initiating bankruptcy proceedings if the debt remains unpaid. This powerful tool serves as both a warning and a prompt for debtors to settle their obligations.

Our Statutory Demand Solicitors provide a comprehensive service, from drafting your statutory demand to ensuring it is correctly served, giving you the confidence that every legal requirement is met. Whether you are dealing with a simple or complex case, our solicitors are here to guide you at every stage, offering practical advice and solutions tailored to your needs.

If you are looking for a cost-effective and efficient way to recover an undisputed debt, we can help. We also specialise in issuing company statutory demands, ensuring that no matter who owes the debt, you have the support and expertise needed to recover it successfully.

Resolve your debt issues with confidence. Contact our Statutory Demand Solicitors today to learn more about how we can assist you.

What is a Statutory Demand Against an Individual?

A statutory demand against an individual, also known as a Form SD2, is a formal written notice requiring payment of a debt that is overdue and undisputed. It is an essential step in the insolvency process and can lead to bankruptcy proceedings if ignored. This legal document serves as a powerful tool for creditors to demonstrate the seriousness of the situation to the debtor.

Under the Insolvency Act 1986, statutory demands for individuals apply to debts of £5,000 or more, which must be payable immediately and free from any genuine disputes. Once served, the debtor has 21 days to respond by:

• Paying the debt in full.
• Proposing a satisfactory repayment arrangement.
• Applying to set aside the demand if they believe it to be invalid.

Failing to respond within this timeframe allows the creditor to escalate the matter, including petitioning for the debtor’s bankruptcy. This process ensures creditors have a straightforward means of pursuing unpaid debts without immediate court involvement.

For tailored advice on issuing a statutory demand, our experienced Statutory Demand Solicitors are here to guide you through the process with precision and professionalism.

When Should a Statutory Demand Be Used?

It’s important to understand that a statutory demand is a serious legal tool, not simply a method for chasing overdue payments. The courts view statutory demands as part of the insolvency process, meaning you should only use one if you have reason to believe the debtor genuinely cannot pay their debt, rather than simply refusing to pay.

If there is a legitimate dispute over the debt, serving a statutory demand may not be appropriate and could result in legal costs being awarded against you if the debtor successfully challenges it. However, if the debtor raises false claims to avoid payment, this does not necessarily prevent you from pursuing the process.

We can help you assess your situation and ensure that issuing a statutory demand is the right course of action, reducing the risk of complications.

Who Can Issue a Statutory Demand Against an Individual?

Any creditor owed a qualifying debt by an individual in England or Wales can issue a statutory demand. This includes:

• Solicitors & Lawyers
• Private individuals.
• Sole traders.
• Businesses owed a debt by an individual.

While it’s possible to manage this on your own, ensuring the demand is accurate and properly served may be stressful and complex. Any errors in the process, such as serving the demand incorrectly or using it for a disputed debt, could lead to delays, legal costs, or even dismissal of the demand.

By working with our experienced Statutory Demand Solicitors, you can avoid these pitfalls. We take the stress out of the process by handling every detail, from assessing the debt to preparing and serving the demand. Our expertise ensures the process is efficient, legally compliant, and tailored to your specific circumstances.

How Can Our Statutory Demand Solicitors Help?

At Mounteney Solicitors, we are here to ensure that every aspect of the process is handled professionally and in compliance with legal requirements. We provide a comprehensive service, starting with the preparation of your statutory demand. Using the appropriate statutory form, we will ensure the document clearly identifies both the creditor and the debtor, specifies the total debt owed, and includes all necessary details, such as how the debt arose and any applicable court judgments.

Once the demand is drafted, our team can oversee its proper service. Personal service is the most effective method, reducing the risk of disputes and ensuring the debtor is formally notified. For added convenience, we can arrange for professional process servers or provide postal service where appropriate, with proof of receipt to confirm delivery.

After the demand is served, we guide you through the next steps. The debtor has 21 days to respond, during which they can pay the debt, propose a repayment plan, or apply to set aside the demand. If the debtor fails to act, we can advise on escalating the matter, including initiating bankruptcy proceedings, ensuring your interests are fully protected at every stage.

With our expertise, you can navigate the statutory demand process with confidence, knowing your case is in capable hands. Contact our Statutory Demand Solicitors today to discuss how we can assist you.

What Happens if the Debtor Fails to Comply?

If a debtor fails to respond to a statutory demand within the 21-day timeframe, you have the option to petition for their bankruptcy. This must be done within four months of serving the demand, and it requires court approval to proceed.

Bankruptcy is a significant legal measure that can lead to the sale of the debtor’s assets to settle the outstanding debt. The seriousness of this step often encourages debtors to engage with creditors and resolve the matter before the process escalates.

Your supplier is SRA-regulated Mounteney Solicitors, that charges VAT some customers may be able to reclaim

Our work will be charged at a fixed fee of £350 + VAT = £420 for producing and posting the Statutory Demand.

There is more about our fees on our website.

If you have any questions, require any further information, or would like to engage us on the T&Cs linked Our Terms in the footer below, please don’t hesitate to Contact Us.

How Long Does it Take to Serve a Statutory Demand?

We typically complete the preparation and drafting of statutory demands within four days of receiving your instructions. However, delivery times may vary depending on the method of service chosen.

Our Statutory Demand Solicitors have a proven track record of successfully assisting creditors in recovering debts owed by individuals. We offer advice tailored to your specific circumstances, maximising the likelihood of a full repayment. Our Dispute Resolution Solicitors actively keep informed about changes in the law, ensuring that a resolution can be achieved with a reduced risk of debt disputes.

Based in Greater Manchester and Cheshire, our Stockport Solicitors provide high-quality legal services to clients across areas including Marple, Poynton, Alderley Edge, and Macclesfield.

If you have a Statutory Demand request or need advice on recovering a debt, contact our team today by completing our online form, calling one of our offices in Bramhall, Cheadle, Hazel Grove, or Heald Green, or visiting us in person. We are here to help you recover what you are owed.