I am a trainee solicitor and have served a statutory demand on an individual. However, instead of personal service it was just sent through the post and then after 21 days a Bankruptcy Petition was served. At the court hearing the judge said that the statutory demand had not been served correctly but agreed to postpone the bankruptcy hearing until Feb. He said that if the Statutory demand is not served correctly then he can strike the bankruptcy petition out. Therefore do i just serve the same statutory demand by personal service? or do I have to start the whole process again? Do they need 21days again?
looking at your post again I think that as the judge must be sure that the defendant has had 21 days to respond to the demand prior to the hearing, and as you used the postal sytem therefore he cannot be sure when it arrived, that the postponement of the hearing is for him to know in his own mind that the defendant has had the requisit length of time during which to settle the debt.
I do not therefore think that you have to do anymore except turn up to the resceduled hearing pursuing your original claim.
After all it was merely a postponement. If it was thrown out altogether then he would not have rescheduled and you would have to start again.
I think if there is any risk of confusion you need to start again and follow the whole procedure through to the letter.
A Stat. Demand not served is technically invalid.
You could just reserve it as John suggests but if there is any doubt that due process has not been properly followed a good defence could get the case thrown out again.
Statutory demand incorrectly served
Posted - 31 January 2009 : 20:59:03
