Are Statutory Demands the same as County Court Judgements?

A statutory demand is not the same as a County Court Judgment. A statutory demand is a form of insolvency proceeding. Essentially, a County Court Judgment is simply a document processed through the court stating the name of the person that the court thinks should pay the debt, and the amount to be paid. A […]

A statutory demand is not the same as a County Court Judgment. A statutory demand is a form of insolvency proceeding. Essentially, a County Court Judgment is simply a document processed through the court stating the name of the person that the court thinks should pay the debt, and the amount to be paid.

A County Court Judgment will only be dealt with by the court in a way that does not prejudice the rights of any other creditor. What this means to you, is that the amount of a judgment could be varied to an amount that the court thinks the debtor can pay, even if this is a token amount of £1 per month (not uncommon).

Also County Court procedures can be lengthy, and the forms encourage people to try to dispute cases, by filing defences and counterclaims, which confuse the issue. The statutory demand procedure deals with debts individually.

I already have a County Court Judgment. Does this mean I can not use a statutory demand?

So long as the Judgment debt is more than £750 and remains unpaid, you can issue a statutory demand based upon the judgment debt. If the debt was not then paid, the same consequences as above would apply.

The one exception is if you have already obtained a charging order on the judgment (in which case please speak to the Daniels Silverman legal team about your options).

Can I use a Statutory Demand for any debt?

Statutory demands are the ideal method of collecting any debt, where there is no genuine dispute and the sum owed is for £750 or more. However, they are not necessarily suitable for complicated matters where the amount to be recovered is uncertain.

How do I get my statutory demand issued?

CONTACT OUR CUSTOMER SERVICE TEAM STRAIGHT AWAYthe demand could be handed to your debtor in as little as three days later.