How can I get the money owed to me?

In order to claim monies owed to you, there are a variety of ways including:

• Serve a statutory demand – if it is not paid or disputed within 21 days, you can present a petition to the court for bankruptcy/winding-up if the debt is more than £750.
• Issue a claim in the court for judgment – if it is not paid or disputed, you can apply for a warrant of execution (where a bailiff tries to recover the money or assets to clear your debt) or an order for an attachment of earnings (where the debtor’s employers pay money directly to you)

Full details of how to make a claim for money due can be obtained from the court (or you could use the court service website).

What is a statutory demand?

A statutory demand is a written demand in a prescribed (or standard) form requiring payment of the money within 21 days. The form can be obtained free from our website in the ‘Forms’ section, or from a legal stationer.

What is a judgment?

A judgment is a court order that says that the money is owed to you, and specifies a date by which it is to be paid. The forms can be obtained from the court, or from the court service website.

What are the court fees?

There is no court fee for a statutory demand, because the court is not involved in their issue. Basically the creditor obtains a copy of the form from our website, or a legal stationer, fills in the details, and serves it upon the person owing the money. The creditor has to get proof of service, and therefore, it is usual to use a process server (these can be found in the yellow pages under 'detective agencies'). To issue a claim for judgment, the court fees vary depending on the amount of the claim - the fee ranges from £30 to £1530, and the person is best advised to contact the court to find out the precise court fee payable for their particular claim.