Bankruptcy and winding up can be a fraught process. As such, to ensure your objectives, it is essential to have the representation of a solicitor who is a specialist in this area. However, even within the field of bankruptcy and winding up, there is a vast array of difference among the UK's many debt recovery solicitors; with Oratto you can browse through the many member profiles on site until you find the specialist you feel is right for your case.
To make a search of our members, click on the link on the right-hand side of this page. Alternatively, you can use our Oratto Match facility and we will select the member solicitors who we feel represent the best suited to your particular situation.
For a bankruptcy claim to be established the debtor must be issued with a statutory demand stating that bankruptcy proceedings will begin if payment is not received within 21 days. At this point the debtor can dispute the demand within 18 days or apply to have the demand set aside in the court.
For a statutory demand to be valid it must be delivered by hand; however, it may be delivered by post provided it can be verified within reason that the debtor will receive it.
It is important that bankruptcy is not used as a tactical measure in a commercial, contract or payment dispute; in such cases it is usually recommended that parties obtain a judgement.
Bankruptcy claims cannot be brought for debts of a value less than £750.
Winding up petitions
In the event that there is no payment forthcoming within 21 days, and/or no agreement has been reached as to a possible payment plan, it is the right of the creditor to present the local court with a winding up petition. As the consequences of this can be serious – reputational damage, a poor credit rating, bankruptcy, the freezing of accounts – this alone may be enough to ensure speedy payment of the debt.
There are various avenues of enforcement available to those who instruct a debt recovery solicitor specialising in bankruptcy and winding up petitions. These include:
- Warrants of execution – these allow for the seizure and sale of goods up to the value of the debt
- Attachment of earnings orders – these require a debtor's employer to deduct sums from an individual's salary and redirect them to the creditor
- Charging orders – these give creditor's rights over a debtor's land and securities (including that which is jointly owned)
- Third party debt order – these require holders of a debtor's assets to pay money directly to the creditor
Oratto - putting you in touch with specialist debt recovery solicitors
Oratto's member debt recovery solicitors can help you balance your priorities in the best way possible while also ensuring that bankruptcy and winding up petitions remain a viable option for recovery of your debt.
Timeliness is essential to the effective recovery of debts, to browse through the profiles of our bankruptcy claim specialist members, click on the link on the right-hand side of this page.