How do I apply to court aside a statutory demand?
When applying to set aside a statutory demand you should:
- give your own details so that the court can identify you;
- explain that you are asking for a statutory demand to be set aside and state which grounds you are using;
- give the date of the statutory demand and the date you became aware of the statutory demand;
How do you cancel statutory demand?
If you think the statutory demand can be challenged, for example because you don’t owe the money or the creditor is out of time for taking court action, you can apply to the court to have the statutory demand cancelled, as long as you do so within 18 days of it being served. This is called being set aside.
Is there a fee for a statutory demand?
There are no court fees to issue a statutory demand. The service of the statutory demand is often sufficient to extract payment before any petition is required.
What happens if a statutory demand is set aside?
If the application to set aside the statutory demand is rejected by the Court, that is,”the Court is satisfied that there is a debt due by the company to the creditor that is not the subject of a substantial dispute, or is not subject to a counterclaim, set-off, or cross-demand, the Court may (a) order the company to …
Can you serve a statutory demand by email?
More commonly, demands are served by email to an address known to be regularly used by the debtor. It is helpful in these cases to also send a copy by post. Once acknowledged, the debtor is unlikely to have an argument that the demand was not received.
Can I ignore a statutory demand?
An individual who ignores a Statutory Demand, either by not paying the debt or making a mutually acceptable arrangement with the creditor, is at risk of being ordered bankrupt. Bankruptcy means that all of your assets will belong to a Trustee in Bankruptcy who will sell them and distribute payments to your creditors.
Can a company set aside a statutory demand?
If you have been served with a statutory demand, as an individual or a company, you have the right to apply to the court to set it aside, pursuant to rule 10.4 of the Insolvency Rules 2016. You must act quickly, usually within 18 days, to avoid the creditor applying to bankrupt you or wind up your company.
Can you withdraw a statutory demand?
There is no formal procedure for withdrawing a statutory demand. In practice, the Creditor may simply confirm in writing that the statutory demand is withdrawn. The Creditor may also give an undertaking not to present a winding petition on the basis of the demand in the case of a company.
Can you send a statutory demand by email?
If the debtor’s current residential address is known, it can be posted by mail. More commonly, demands are served by email to an address known to be regularly used by the debtor. It is helpful in these cases to also send a copy by post.
Can a statutory demand be signed electronically?
Changes to the law in New South Wales effective from 22 November 2018 now mean that deeds can be signed and witnessed electronically provided that they are signed in accordance with the requirements under the Electronic Transactions Act 2000 (NSW) (NSW ETA).
What happens if you ignore a statutory demand?
Do I need a lawyer to serve a statutory demand?
When you can make a statutory demand You can make a statutory demand to ask for payment of a debt from an individual or company. Anyone who’s owed money (the ‘creditor’) can make a statutory demand. You do not need a lawyer.