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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25410
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A limited company of which I am both a director and shareholder

Resolved Question:

A limited company of which I am both a director and shareholder had a default judgement obtained against it for a debt.
The creditor's solicitor states that he is going to make an application to wind up the company, even though the company has made an application to set aside judgement which is being heard on August 4th this year.
What are your thoughts on the likely hood of the winding up petition succeeding?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if he has served a statutory demand to date please?
Customer: replied 2 years ago.

No not as yet

Expert:  Joshua replied 2 years ago.
I cannot see how he could realistically succeed. First of all, it costs circa £1500 to present a winding up petition and so I assume he would not take this approach lightly. Unless he has already attempted enforcement action which is failed, he would need to first serve a statutory demand before he can present a winding up petition which you could apply to set aside if you claim you do not owe the money and you can present evidence to demonstrate this. A default judgement is not worth a great deal as they are relatively straightforward to set aside providing you act promptly after discovering it and it does not constitute proof of debt for the purposes of the winding up petition. you may wish to revert to the individual advising that he must of course act as he wishes but any attempt to bring a winding up petition will be fully defended by you.
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