Creditor's bankruptcy petition. What form to use? Is Stat Demand required?

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Q. I have obtained judgement for a some of money (more than 10k) from an individual. I have read www.insolvency.gov.uk but can't locate an appropriate section. Do I still have to serve a Statutory Demand even though a Judgement Order has been obtained? Does a judgement constitute a Statutory Demand?

A. If an individual creditor is owed more than £750, they can petition for the debtor to be made bankrupt. Alternatively, creditors can join together to meet the £750 requirement. Proceedings normally take place at the debtor’s local county court with bankruptcy jurisdiction. However, Crown departments (i.e. Inland Revenue, Customs & Excise) can use the High Court in London. Creditors can only ask for someone to be made bankrupt if: * the debt is unsecured; and * for a fixed sum which the debtor ‘appears unable to pay’. The debt can be payable immediately or at some time in the future. This can be established only by them having a Statutory Demand served or by being unable to enforce a judgement debt by means of an execution against goods by a bailiff. For example, if a Warrant of Execution was returned unsatisfied, because the debtor did not have sufficient goods which could be seized in payment of the debt, this could be seen as evidence that the debtor ‘appears unable to pay’ his debts. And so the creditor could proceed to petition for the debtor’s bankruptcy. The bailiff, however, must have made serious efforts to levy execution. The bailiff simply visiting the debtor’s property and reporting that he failed to gain access is not sufficient. -As usual you are incorrect. A statutory demand is required before petitioning the court for a bankruptcy order against an individual.

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