Using winding-up petitions to recover debts

When a company or partnership owes you money, one of your options may be to issue winding-up petitions.

By James Robbins, senior associate solicitor, Harrison Drury

The effect of a winding-up order will be the appointment of a liquidator and, ordinarily, the closure of the business. A winding-up petition can often be quicker and more cost-effective than seeking a county court judgment, making it an effective debt recovery tool. However, the following pitfalls can apply:

  • The debt must not be subject to a genuine dispute or cross-claim. If it is, you could face an injunction and/or the dismissal of the petition, together with a significant costs order.
  • Once third parties become aware of the existence of the petition, the debtor’s bank accounts will typically be frozen and it will find it difficult to trade, which could further reduce its prospects of paying the debt.
  • If other creditors become aware of the petition, they could file notices in support and ask to take over carriage of the petition in the event of you no longer wishing to proceed. This could make agreeing a settlement more difficult and risky, because a liquidator could seek to ‘unwind’ the settlement payment and recover it from you.
  • If a company is genuinely unable to pay its debts, a winding-up order could be made and you may not receive anything at all (only your costs, but not the debt itself, would be paid ahead of other creditors).
Therefore, winding-up petitions should only be used in appropriate circumstances and with the benefit of professional advice.

Enjoyed this? Read more from Lancashire Business View

Latest news

1

Lumo launches West Coast rail service with 100 jobs in Preston Lumo train in London and staff

Lumo launches West Coast rail service with 100 jobs in Preston

22 May 2026

2

Lancashire brings £20bn of investment opportunity to UKREiiF UKREiiF

Lancashire brings £20bn of investment opportunity to UKREiiF

22 May 2026

3

Work begins on Blackpool’s Multiversity campus Multiversity in Blackpool

Work begins on Blackpool’s Multiversity campus

22 May 2026

4

New £8.7m Pleasure Beach ride opens to public Aviktas ride

New £8.7m Pleasure Beach ride opens to public

22 May 2026

5

Red Rose Awards winners gather to celebrate Lancashire business Red Rose Awards Winners Reception

Red Rose Awards winners gather to celebrate Lancashire business

21 May 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Building a high-performance culture
business workshop.png.png
LBV Hub Seminars
03 Jun 2026

Building a high-performance culture

Media Factory, University of Lancashire, Preston, PR1 2HE

09:30 - 11:30

Chamber Breakfast Networking – June
LBV Hub Networking
03 Jun 2026

Chamber Breakfast Networking – June

Pye Motors, Morecambe, LA3 3PE

08:00 - 10:00

Society1 Breakfast Social and Coworking Day
Breakfast Social June Facebook.png.png
LBV Hub Networking
04 Jun 2026

Society1 Breakfast Social and Coworking Day

Society1 Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Yellow Day 2026
LBV Hub Fundraisers
07 Jun 2026

Yellow Day 2026

St Catherine's Hospice, Preston, pr55xu

11:00 - 16:00

Opening doors and opportunity for Tech in Preston
PTC Square June (900 x 900 px)-2.png.png
LBV Hub Networking
09 Jun 2026

Opening doors and opportunity for Tech in Preston

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Clubhouse Business Network sponsored by Orca Finance - June 2026
Padel Network.png.png
LBV Hub Networking
11 Jun 2026

Clubhouse Business Network sponsored by Orca Finance - June 2026

Clubhouse , Blackburn, BB1 3NT

14:00 - 16:00

The Business Network Central and East Lancashire
LBV Header (33).png.png
LBV Hub Networking
18 Jun 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Chamber Business Lunch
LBV Hub Networking
19 Jun 2026

Chamber Business Lunch

Lancaster House Hotel, Lancaster, LA1 4GL

11:00 - 14:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin