How We Help Serve Statutory Demands & Bankruptcy Petitions

October 20, 2023 - Reading time: 6 minutes
Updated on: April 6, 2025

When you’re trying to recover a debt — especially a significant one — the process can feel stressful and uncertain. Whether it's unpaid invoices, breached agreements, or overdue loans, there may come a point when formal legal action becomes the only viable route. Serving a statutory demand or a bankruptcy petition is a key part of that legal strategy — and one that needs to be executed correctly.

At Private Investigators UK, we offer a professional, fully compliant process serving service — ensuring documents are delivered accurately, effectively, and with proper legal documentation. Here’s everything you need to know.

What Is a Statutory Demand?

A statutory demand is a formal legal notice used to request repayment of a debt. It is most commonly issued under the Insolvency Act 1986 and gives the debtor 21 days to repay the debt, reach a repayment agreement, or apply to have the demand set aside.

In England and Wales, if the debtor fails to act within this timeframe, the creditor has grounds to begin formal insolvency proceedings. You can read more about the legal requirements at gov.uk/statutory-demands.

What Happens If a Debtor Wants to Challenge It?

The debtor may apply to "set aside" the statutory demand if they believe the debt is disputed or has already been paid. In such cases, the matter could be referred to court for a hearing, where a judge will decide whether the claim is valid.

When Does Bankruptcy Come Into It?

If the debtor ignores the statutory demand and owes more than £5,000, the creditor can apply for a bankruptcy petition. This is a legal process where a judge may declare the individual bankrupt, allowing their assets to be seized and liquidated to repay creditors.

You can explore the bankruptcy petition process on the official UK government site: gov.uk/apply-to-bankrupt-someone.

It’s important to remember that a bankruptcy petition must be served correctly, with evidence that the debtor has received the papers. Failure to follow the proper steps can cause delays or rejection of your case in court.

What Is Process Serving and Why Does It Matter?

Process serving involves the delivery of legal documents in a way that satisfies court requirements. If you’re serving a statutory demand or bankruptcy petition, using a qualified process server is the safest route to ensure the job is done properly.

Some debtors attempt to dodge their responsibilities by disappearing or avoiding direct contact. In these cases, ordinary mail won’t do — you need proof of delivery. This is where we step in.

Why Use a Private Investigator for Process Serving?

Private investigators bring an edge that ordinary courier services or bailiffs can’t offer. At Private Investigators UK, we provide:

• Professional Delivery: We serve documents in person, directly to the debtor, at home, work or another known location.
• Full Documentation: We provide legally recognised evidence of service, including photographs, witness statements and affidavits.
• Debtor Tracing: If the debtor has moved or gone into hiding, our people tracing service can help track them down.

Serving documents correctly is often the tipping point between recovering money and losing your case in court. Trust professionals who understand the process inside out.

How We Locate Debtors Trying to Avoid Service

Many debtors who face bankruptcy attempt to “disappear” — changing addresses, using aliases, or staying with family. That’s why our trained investigators use a blend of open-source intelligence (OSINT), field enquiries, digital footprint analysis, and other tools to locate individuals swiftly and lawfully.

What Happens After a Successful Serve?

Once the statutory demand or bankruptcy petition has been served, we issue a detailed Affidavit of Service — a sworn statement confirming when, where, and how the service took place. This can be submitted in court if required, strengthening your legal position.

If the debtor still does not comply, you may proceed with court action or petition for bankruptcy with confidence, knowing the procedure has been correctly followed.

What If the Debtor Refuses to Accept the Documents?

Refusal to physically take the documents doesn’t invalidate the serve. If a debtor is identified and the process server informs them of the nature of the documents, placing them at their feet or on the ground in their presence is considered valid under UK law.

Other Documents We Serve

In addition to statutory demands and bankruptcy petitions, we also serve:

• Divorce papers
• Non-molestation orders
• Injunctions
• Witness summons
• Possession orders
• Court summons

Get a Free Quote

We provide fast, no-pressure quotations on all work. If you’d like a quote, simply contact us with your UK postcode and a short description of your case. We’ll assess your needs and give you a transparent, no-obligation quote within one business day.

Whether you’re a solicitor managing a large caseload or an individual pursuing justice — we’re here to help.