The business claiming the debt changed before you planned a statutory demand

The invoices belong to the previous business owner

A hypothetical business buyer acquires operations and begins collecting outstanding accounts. An old customer remains unpaid, so the buyer asks for a statutory demand in the new company's name. Before proceeding, establish who holds the claim. Owning the current trading business does not, by itself, explain the legal position of every receivable created before the transaction.

Locate the original creditor records

Collect the contract, invoice and account history showing the entity that supplied the work. Keep the current trading name separate from the legal creditor identity. Record any changes in ownership or structure without assuming their effect. Ask the lawyer to review the relevant sale or transfer documents and identify what further evidence is needed.

Treat identity as part of the formal assessment

The Federal Court's statutory demand guidance describes a creditor demanding payment of a debt due and payable by a company. Have the lawyer assess the claimant's position against the actual documents before choosing that process. This article does not decide whether a debt was validly transferred or prescribe notices needed for a particular assignment.

Source: Federal Court: Statutory demands and winding up

Check the transaction's scope

In the hypothetical example, the sale schedule may list some receivables while leaving disputed accounts unresolved. Preserve the complete relevant agreement and schedules, including amendments. Do not treat access to the old ledger or customer database as proof that every debt passed to the buyer. Raise missing pages or inconsistent schedules with the advisers.

Reconcile recovery activity since the change

Record payments, credits and correspondence received by either business after the transaction. Ask how those amounts affect the account and who is authorised to communicate with the debtor. Avoid two entities pursuing the same amount independently or issuing contradictory explanations about ownership. Do not manufacture a replacement invoice to disguise uncertainty over the original creditor.

Resolve the identity question before escalation

Give the lawyer a concise ownership chronology and the source documents, then follow advice on the appropriate next step. CRP can help organise the commercial records. The useful outcome is a clearly supported claim by the correct party, rather than a formal demand based only on who now runs the business.