Application to Set Aside a Statutory Demand

So you have received a Statutory Demand under section 268 (1) (a) of the Insolvency Act 1986, in other words somebody has sent you the documentation to make you bankrupt!

Statutory Demand

Statutory Demand

This article explains the documentation required when disputing a statutory demand.

Disputing A Statutory Demand

If you are not able to come to an agreement with the creditor or there is a dispute, you can apply to the court to set aside the statutory demand.

• The statutory demand should tell you how and where you should apply to set it aside. This would normally be in the same court that you would apply for your own bankruptcy.
• To set aside the statutory demand you must do the following within 18 days of receipt:
° prepare and file an Application To Set Aside a Statutory Demand using FORM 6.4
° submit a Witness Statement in Support of Application to Set Aside Statutory Demand using FORM 6.5

Being issued with a statutory demand can be very serious! Before doing anything I would suggest that you seek independent advice!!

It is not unusual for some unscrupulous creditors to issue Stat Demands, just to scare you into paying your debt, or forcing you to contact them.

Get independent advice before responding!!!

This entry was posted in Bankruptcy, Court Documents, Debt, Information and tagged , , , , . Bookmark the permalink.

3 Responses to Application to Set Aside a Statutory Demand

  1. business says:

    It is also a timely reminder on the use of creditors statutory demands under the Corporations Act. The use of the statutory demand to require payment of debts over 2 000 cant be underestimated as a weapon in recovering unpaid debts.

  2. dr samuel easow says:

    My former accountant fabricate a lot of invoices and filed a statutory demand and I have filed an application to set it aside. Please advise.

    I can be contacted on my home telephone number 01992 XXXXX, mobile 0772XXX or email address

    Dr Samuel XXXXX

    • admin says:

      Hello Samuel

      I have passed over your request for assistance regarding Bankruptcy. You will shortly be contacted by one of the team.

      Kind regards

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