How to make someone bankrupt

If you are owed money by someone y ou may be able to petition the sheriff court to make them bankrupt.

As a creditor you can ask a sheriff to award bankruptcy against a debtor if you are owed at least £3,000. Theis figure can include any fees, interest or charges added to the original debt.

You can also apply for a joint petition with other creditors if the combined debts owed are £3000 or more.

You will need to show that the debtor is "apparently insolvent" and unable to pay the debt. Evidence required will be an expired Charge For Payment or a Statutory Demand.

You also have to send the debtor a copy of the Scottish Government's Debt Advice and Information Package at least two weeks and not more than 12 weeks before you make your petition for bankruptcy.

If the debtor has not co-operated with the trustee in a trust deed, the trustee has the right to apply to the sheriff to make the debtor bankrupt if they think this is in the creditors' best interests. The trustee does not have to demonstrate the previous conditions.

Before you consider making someone bankrupt you should ensure that there is not already an award of bankruptcy against the debtor or a petition before the court for the debtors bankruptcy. You can check this by contacting the Accountant in Bankruptcy or by searching the Register of Insolvencies.