Wind up a company that owes you money
Apply
You must send the right form to the court before they can deal with your petition. You might want to get legal help to make sure you submit your petition correctly.
Forms
Fill in form Comp 1 and make 3 copies.
You鈥檒l need to:
- make sure the company鈥檚 details are correct
- state if any European Community regulations apply (this applies if the company is registered in or does business in England and Wales)
- ask the court to restore the company (if it鈥檚 been dissolved) before winding up the company
You need to provide evidence the company owes you money, for example:
- a statutory demand - include the amount and date the demand was served
- a court judgment - include the amount awarded (and your costs and interest), the date of the judgment, the court name and case number
You鈥檒l also need to fill in form Comp 2 confirming the details of your petition.
Where to send the petition
Where you send the petition depends on how much 鈥榩aid-up share capital鈥� the company has - you can find this on the .
Paid-up share capital is 拢120,000 or more
. It鈥檒l go to the High Court.
You pay the court fees online, but not the petition deposit. You鈥檒l get an email after you apply, telling you how to pay the deposit.
Paid-up share capital is under 拢120,000
You鈥檒l need to find the court nearest to the company鈥檚 registered office - the court must deal with bankruptcy.
if it鈥檚 one of these courts:
- Admiralty and Commercial Court
- Chancery Division
- Companies Court
- High Court (including Bankruptcy Court)
- London Mercantile Court
- Rolls Building
You pay the court fees online, but not the petition deposit. You鈥檒l get an email after you apply, telling you how to pay the deposit.
If it was another court you鈥檒l need to submit the petition by post. You can pay the fees by cash, postal order or a building society, bank or solicitor鈥檚 cheque made payable to 鈥楬M Courts and Tribunals Service鈥�.
After you apply
You鈥檒l get a copy of your petition from the court after you pay the petition deposit. You must:
- deliver (鈥榮erve鈥�) it to a company director or employee
- provide a certificate of service to the court confirming that the petition has been served on the company
You can get a 鈥榩rocess server鈥� to help you - your solicitor can arrange this.
You can serve the petition by attaching it to the company鈥檚 front door or leaving it at the office if you cannot serve it in person.
The day after you serve the petition, send a copy to the relevant liquidator, administrative receiver, administrator or supervisor if the company is involved in:
- voluntary liquidation
- administrative receivership
- an administration order
- a voluntary arrangement