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With the comparatively rare exception of creditors who have obtained a judgment in respect of which execution is returned unsatisfied, any creditor who wishes to present a bankruptcy petition against a debtor must first serve upon him a statutory demand1 In practice this can frequently become an expensive, time-consuming and immensely frustrating process when faced with a recalcitrant debtor intent on evading service. This article explores the circumstances in which substituted service of a statutory demand can be effected, the steps required and errors commonly made in attempting to do so.
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"This is the ultimate statement of where the law on IVAs is to be found in our great common law...