Ask a Law Question, Get an Answer ASAP!
Hello, thank you for your question. My name is Tony and I can assist you with this.
The only way a person can become bankrupt is via an order of the County Court.
You do not have to to issue a claim in respect of the outstanding amount, if there is no genuine dispute about whether the monies owed to you, so long as that an amount is over £750. In that circumstance, you can issue a bankruptcy petition once a statutory demand has been served and the period 21 days have elapsed without them making an application to set aside the demand.
If there is a dispute, or the sum is less than £750, then you do need to issue a court claim.
Once you succeed with that claim, you can then seek to enforce the judgement, which if unsuccessful, you can petition for that person's bankruptcy without doing anything else.
If there is anything more you would like me to answer about this, please just let me know.