Statutory demands

Serving a statutory demand

Guide

How you serve a demand varies according to who you are serving it on - whether an individual or a company.

Individual or sole trader

If an individual or a sole trader owes you money, you must do everything you can to bring the statutory demand to the attention of the person concerned and, if possible, serve it personally.

You can employ a process server to do this for you - a process server serves court and legal documents on behalf of:

  • solicitors
  • lawyers
  • local authorities
  • government agencies
  • companies
  • private individuals

Registered limited company

If a registered limited company owes you money, you can serve a statutory demand by delivering it to the company's registered office. If you cannot do this, you can send one by registered post. The demand will be properly served if the company acknowledges it by signing the Post Office receipt.

Unregistered limited company

If an unregistered limited company owes you money, you may serve the statutory demand by:

  • leaving it at the company's main place of business
  • delivering it to the company secretary, manager or principal officer of the company
  • serving it in a way directed or approved by the court