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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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must i go through the county courts prior to seeking to make

Customer Question

must i go through the county courts prior to seeking to make someone bankrupt
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is Tony and I can assist you with this.

tdlawyer :

The only way a person can become bankrupt is via an order of the County Court.

tdlawyer :

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.

tdlawyer :

If there is a dispute, or the sum is less than £750, then you do need to issue a court claim.

tdlawyer :

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.

tdlawyer :

If there is anything more you would like me to answer about this, please just let me know.