Serving a Bankruptcy Notice

Once you have applied for and obtained a Bankruptcy Notice you will need to serve it on the debtor. You must serve the notice within 6 months of the issue date.

There are various methods of serving the notice:

1. Personal Service

Personal service means the person being served has been located, identified and the document has been physically handed to the individual. This is the most effective method of service and hardest for the debtor to dispute.

2. Post

The document can be posted to the debtor’s last known address.

3. Courier

The document can be delivered by courier to the debtor’s last known address.

4. Fax or Email

A copy of the Notice can be served on the debtor by facsimile or electronic transmission. If an email address of the debtor is known service can be effected by email.

You should seek legal advice on the best method for service. Once served, an affidavit of service needs to be prepared detailing how the document was served.

Before getting a ‘sequestration order’ in the Federal Court or Federal Circuit Court, which is the order bankrupting the individual and appointing a trustee to their bankrupt estate, proof of service of the Bankruptcy Notice will be required.

Please see below for more information on:

• The Benefits of Bankruptcy for a Creditor;
• Applying To Bankrupt an Individual;
• Serving A Bankruptcy Notice; and
• Setting Aside a Bankruptcy Notice.

Here to Help

Proper experience in dealing with bankruptcy and debt recovery is essential. Aitken Whyte Lawyers are focused on results. Our litigation and disputes team will advise you on the proper course to if you are required to serve a Bankruptcy Notice and then to make a Creditor’s Petition to the Federal Court or Federal Circuit Court if the debtor commits an act of bankruptcy after being served.

Aitken Whyte Lawyers can assist you with all bankruptcy matters.

Office Location and Contact Details

Sunshine Coast

Maroochydore
Aitken Whyte Lawyers
11/8 Pikki Street,
Maroochydore Qld 4558
Ph: +617 5408 0655
Fax: +617 3211 9311
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