Commencing a Claim under the Security Of Payment Act

Claiming under the Security Of Payment Act is a 1-3 step process that takes 1-6 weeks and results in an enforceable judgment debt.

Until you have a judgment against a debtor they can delay payment indefinitely.

Step 1 – The Payment Claim

The first step in the Security of Payment Act process is preparing a valid payment claim and serving it at the right time in the right way on the debtor, who is known under this process as the ‘respondent”.

If you are not sure if you have served a valid Payment Claim properly click here for more information.

Step 2 – The Second Notice

The second step in the Security Of Payment Act process is only required if the Payment Claim is ignored – it is known as “The Second Notice”.

This is a very technical issue because the Security Of Payment Act process requires a very specific response to a Payment Claim, and a Second Notice is only required if a valid response, known as a “Payment Schedule”, to the Payment Claim has not been served by the respondent.

If you are not sure if you have received a valid Payment Schedule from the Respondent click here for more information.

Step 3 – The Adjudication Application

The third step in the Security Of Payment Act Process is to apply for Adjudication of the Payment Claim.

You must be entitled to apply for Adjudication under the Security of Payment Act, it has to be done the right way at the right time.

If you are not sure if you are entitled to apply for Adjudication click here for more information.