This form is a formal notice used when applying to enforce payment of a recognisance that has been breached. It is typically used by court officials or legal representatives when someone who has given a recognisance has failed to comply with its terms.
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This form is a formal notice used when applying to enforce payment of a recognisance that has been breached. It is typically used by court officials or legal representatives when someone who has given a recognisance has failed to comply with its terms.
Plain English
This form tells the court that someone who promised to do something (or not do something) in a previous legal matter hasn't kept that promise. The form asks the court to take action to make sure that person faces consequences for not keeping their promise.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Application to revoke bail | Form 27.1 | Different procedure for revoking bail rather than estreating recognisance | Confirm whether you're seeking revocation or estreatment |
| Enforcement of a judgment | Form 78 | Used for enforcing money judgments rather than recognizances | Verify the type of court order being enforced |
| Application for a warrant of arrest | Form 10 | Used when seeking immediate arrest rather than estreatment | Determine if arrest is necessary or if estreatment suffices |
| Application for a bench warrant | Form 11 | Used for failure to appear in court rather than general recognizance breach | Specify exact nature of the breach |
Applications to estreat a recognisance must generally be made within a specific time frame after the breach is discovered, typically within 12 months, though this may vary depending on the nature of the recognisance and the specific circumstances.
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This form is current as of the latest Courts Service of Ireland publications, but users should verify the most recent version on the official Courts Service website before use.
Agency: Courts Service of Ireland
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27.2 Notice Of Application To Estreat A Recognisance
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8 things to watch for
Confusing estreatment with other enforcement methods like revocation of bail
Uncertainty about what constitutes a breach of recognisance
Misunderstanding the time limits for making an application
Confusion about which court office has jurisdiction
Uncertainty about required evidence to prove breach
Difficulty distinguishing between different types of recognizances
Confusion about procedures for serving the notice
Misunderstanding the potential penalties that may be imposed
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