Can You Serve A Statutory Demand By Email?

The most important element of serving a statutory demand on an individual debtor is being able to prove that they have received it. The court must be satisfied that the Statutory Demand has been brought to the debtor’s attention before a creditor can present a Petition for Bankruptcy.

For this reason, serving a statutory demand by email, whilst legally possible, is not usually the first choice of service method unless the email address is known to be in regular use by the debtor. Additionally, a second copy is generally sent by post.

Registered or recorded post where the document is signed for is a more failsafe option, but even then, a debtor can refuse to sign or just avoid the delivery. Postal service can create uncertainty and leave the door open for the debtor to claim that they simply never received the Statutory Demand.

The safest method of service is to use a process server that effects personal service on the individual or company. Mistakes in service can be used as a mechanism to delay or even avoid a statutory demand. A process server makes sure there is absolutely no legal question that the Statutory Demand has been served, removing the need to follow up by email.