Personal and company insolvency proceedings: Practical support when you need it most

Whether you are looking to serve a statutory demand or you've just received one, we will help you cut through the noise and take control. 

Serving a statutory demand

If you are chasing an unpaid debt and need to escalate matters, a statutory demand can be an effective tool. We will help you assess whether it’s the right move — and make sure it’s done properly.

Before you serve a statutory demand, you must ensure:

  • The debt is clear and undisputed
  • It reaches the threshold of £750 for companies, £5,000 for individuals
  • Service must follow strict rules — we’ll handle that for you

The benefits of using a solicitor for your statutory demand are that we will draft the demand, serve it correctly, and advise on what comes next if the debtor doesn’t respond. Statutory demands can lead to winding-up or bankruptcy proceedings, and we are able support throughout.

Responding to a statutory demand

If you have received a statutory demand it is important not to ignore it. You may have grounds to challenge it, but time is critical given the 21-day timeframe you have to take action.

You may be able to challenge a statutory demand if:

  • The debt is genuinely disputed
  • The amount is wrong
  • You have a counterclaim or set-off
  • The demand wasn’t served correctly
  • If you are a company applying for a court order preventing a winding up petition.

We will review the demand, advise on your options, and act fast to protect your position. For individuals, you typically have 18 days to apply to set aside a statutory demand

Meet the team

Peter Knibbs

Peter Knibbs

Partner
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Natalie McMahon

Natalie McMahon

Associate
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Riyaz Jariwalla

Riyaz Jariwalla

Partner Head of Commercial Litigation
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FAQs

What is the minimum amount for a statutory demand?

For individuals: the debt must be £5,000 or more

For companies: the debt must be £750 or more

When do I serve a statutory demand?

You should serve a statutory demand when you are owed a significant, undisputed debt from a company or individual.

How do I respond to a statutory demand?

Acting quickly is the only way to proceed if you have received a statutory demand. You may be able to apply to ‘set-aside’ the demand if you are an individual and believe it is incorrect. 

If you are a company, you may be able to apply for a court order preventing a winding up petition.

What happens if you ignore a statutory demand?

Failure to respond to a statutory demand may result in:

  • The debt being recognised in law, similar to a judgement.
  • A bankruptcy/winding up petition being issued.
  • The petition being advertised seven days after production and service which, at the very least, may result in your bank account being frozen
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