Statutory demands

A statutory demand must explain to the debtor:

• the purpose of the demand
• what will happen if they fail to comply within the 21-day time limit
• the time and manner in which the demand must be complied with
• if the debtor is an individual, their right to apply to the High Court to have the statutory demand set aside (dismissed)

The demand must also include the contact details of a named individual with whom the debtor can communicate regarding the debt.

You - or someone authorised to sign on your behalf - must sign and date the demand. It must state:

• the amount of the debt and the consideration for it - if there was no consideration, then it must detail the way in which the debt arose
• if the debtor is an individual
  • whether the debt is payable immediately or at a future date
  • details of the unsatisfied judgment or - if none - the basis for the creditor's belief that the debtor appears to have no reasonable prospect of being able to pay

What forms should I use to issue a statutory demand?

To issue a statutory demand, you must complete the relevant form. The forms vary according to who you're serving the demand on and the circumstances surrounding the debt.

If you're serving a demand on an individual, including a sole trader, you need to use the appropriate forms. The Department for the Economy (DfE) provides statutory forms that you can download, including:

• Form 6.01 - to be used for a debt for a specific amount which is payable now. Download form 6.01 (PDF, 163K).
• Form 6.02 - to be used for a debt of a specific amount which is payable now following a judgement or order of court. Download form 6.02 (PDF, 32K).
• Form 6.03 - to be used for a debt that is payable in the future. Download form 6.03 (PDF, 31K).

Form 4.01 should be used in the case of a debt due from a registered or unregistered company.  

If you own a business that has been served a statutory demand, see what to do if you are served with a statutory demand.