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A statutory demand is a kind of written warning from a creditor. It will state that if you don't pay your debt or come to another arrangement that's acceptable to the creditor, they may start court proceedings to make you bankrupt.
The first legal step to winding up a company or making an individual bankrupt is a statutory demand if the debt is for more than £750 or £5,000 respectively. A statutory demand is capable of being served as soon as the debt is due. A process server is recommended for personal service.
123Definition of inability to pay debts (2)A company is also deemed unable to pay its debts if it is proved to the satisfaction of the court that the value of the company's assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities.
The Insolvency Act 1986 essentially governs issues relating to personal bankruptcy and Individual Voluntary Arrangements and all administrative orders relating to company insolvency.
(Holding back money from a payment is call "offsetting the payment" or "administrative offset.") For example, if you have a delinquent debt for a federal loan, TOP can reduce your federal tax refund or social security benefit payment to pay that debt.
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The statutory demand should be served on the individual personally by sheriff officers (which can include post box service by them, by their confirming that inquiries have been made and that they are satisfied that the debtor lives at that address). The individual then has a 21-day period to deal with the demand.
Form SD1 Statutory demand, use to make demand against a company or an unregistered company under section 123(1)(a) or section 222(1)(a) of the Insolvency Act 1986 (to prove the debtor is unable to pay its debts, as a precursor to issuing a winding up petition).
Section 339 of the Insolvency Act 1986 can be used by the Insolvency Practitioner to issue legal proceedings for compensation following when company assets and property has been transferred within two years (and in some cases up to five years) of the commencement of insolvency of an individual at an undervalue.
A statutory demand can be served by mailing it to or leaving it at the company's registered office or by delivering a copy personally to a director of the company who resides in Australia.
A statutory demand must be served in person by either handing it to the individual concerned, or else leaving it at the registered office or with the company director or company secretary. It can only be sent by post if it is not possible for the notice to be delivered in person.

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