3.3 What are the conditions for making someone bankrupt?
You can ask the sheriff to award bankruptcy against a debtor if:
- they owe you at least £3,000, including any fees, charges and interest added to the original debt; or
- you apply for a joint petition with other creditors provided the combined debts are at least £3,000; and
- you have sent them a copy of the Scottish Government's Debt Advice and Information Package - you must have sent this at least 3 weeks and not more than 12 weeks before you make your petition; and
- the debtor is apparently insolvent.
When someone is apparently insolvent they appear not to be able to pay their debts. The sheriff will require evidence to support this, usually an expired Charge for Payment or Statutory Demand.
The evidence you provide must show that apparent insolvency was constituted no more than 4 months before the date of your petition.
You may wish to speak to a solicitor about evidence of apparent insolvency, to draft the bankruptcy petition and to represent you in court. You will have to pay a fee to the court in addition to any fee charged by your solicitor. The costs of making someone bankrupt can be added to what is owed to you.