SUGGESTION: The list above may not include all types of petitions. Domestic Violence (also known as Interpersonal Violence), Repeat Violence, Sexual or Dating Violence, Stalking.Disestablishing Paternity (ending child support obligations/not the father).To Modifying Parenting Plan/Time-Sharing, Child Support, Alimony, other.Divorce involving relocating (moving) children.The person who asks for legal action is called the petitioner and remains the petitioner throughout the case. Get in touch with AABRS for confidential, no-obligation advice.DEFINITION: A petition is a written request to the court for some type of legal action - grant a divorce, for example. On the day of the hearing, the petitioning creditor must then supply the court with a list of persons who have indicated their wish to attend. The final piece of documentation necessary to complete the process is for anyone wishing to appear at the hearing to give notice to the petitioner. A list of people attending the hearing – Form Comp 4 It should also invite those who wish to support or oppose the petition to attend the hearing. This should give notice of the petition and detail when and where the petition will be heard. The winding up petition must be advertised by the petitioner in the London Gazette. This must be sufficient to specify the date and manner in which the petition was served.
This is called the certificate of service. Immediately after the petition has been served, the petitioner must file an affidavit at court to verify the service of the petition. The statement of truth must be written and signed no more than 10 days before the petition is issued. It should also state why the EC Insolvency Regulations will or will not apply. The statement of truth must be signed by the petitioning creditor and authorised on their behalf. This can be included as part of the petition or as a separate document. The petition must also be verified by a statement of truth.
PETITION FILED DOCUMENTS PROFESSIONAL
For that reason, most creditors seek professional assistance when completing and submitting the winding up petition documentation. These documents can be completed by the creditor themselves, but if they are filed incorrectly, it is likely the petition will be dismissed and the costs could be awarded against the creditor. Given that the repercussions of a winding up petition can be so damaging, it is essential that a prescribed range of rules and regulations are followed in the completion of the necessary documents. That means the business will be shut down and its assets will be sold for the benefit of its creditors. A winding up petition is by far the most serious form of action a creditor can take against a company that owes it money, as, if approved by the court, it will result in the liquidation of that company.
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