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When to serve debtor

When to serve debtor

Postby woodchip35 » Mon Dec 08, 2014 11:28 am

I was wondering at what point the petitioner serves (using a process server) the debtor the petition. The petition is where execution or other process on a judgement has been returned in whole or part.
The reason I ask is that on page 2 of form 6.9 under Endorsement it needs filling in time date and place of the hearing which I wont surly know until the petition has been put into court?
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Re: When to serve debtor

Postby atticus » Mon Dec 08, 2014 12:27 pm

The petition is served after issue by the Court, when the details of date, time and place of hearing have been completed and the petition has been stamped with the Court seal.

To be absolutely clear, until the petition is completed and sealed by the Court,you do not have anything to serve, so do not even try it.
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Re: When to serve debtor

Postby 3.14 » Mon Dec 08, 2014 2:46 pm

atticus wrote:The petition is served after issue by the Court, when the details of date, time and place of hearing have been completed and the petition has been stamped with the Court seal.

To be absolutely clear, until the petition is completed and sealed by the Court,you do not have anything to serve, so do not even try it.
Agree 100%.
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Re: When to serve debtor

Postby 3.14 » Mon Dec 08, 2014 3:05 pm

Although I have been asked to serve fully filled out stat demands and bankruptcy petitions along with a letter that it will be sealed in due course unless the debt is paid.
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Re: When to serve debtor

Postby atticus » Mon Dec 08, 2014 3:19 pm

That is not serving a bankruptcy petition; it is serving a threat.
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Re: When to serve debtor

Postby 3.14 » Mon Dec 08, 2014 3:31 pm

atticus wrote:That is not serving a bankruptcy petition; it is serving a threat.
Yeah but there are lot's of Solicitors who do it.
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Re: When to serve debtor

Postby woodchip35 » Mon Dec 08, 2014 3:39 pm

Noted
Thank you
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Re: When to serve debtor

Postby atticus » Mon Dec 08, 2014 3:56 pm

I know that kind of solicitor. More often than not, they are tring to frighten, and their clients have no intention of following through and spending the several hundred quid to issue.
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Re: When to serve debtor

Postby woodchip35 » Wed Dec 17, 2014 12:34 pm

once the date in court is set would the petitioner need to attend or could they be represented, and would that be solicitor or barrister representation?
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Re: When to serve debtor

Postby atticus » Wed Dec 17, 2014 1:16 pm

Someone must attend. This can be a solicitor. You might search for firms providing court agency services.
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