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47.02 Affidavit Of Debt (Except In Proceedings To Which The Consumer Credit Act 1995 Or The European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 Of 2010) Apply)

This form, the Affidavit Of Debt (Form 47.02), is used in legal matters within Ireland. It specifically confirms a debt exists unless certain consumer credit laws apply to the case.

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Form Overview

47.02 Affidavit Of Debt (Except In Proceedings To Which The Consumer Credit Act 1995 Or The European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 Of 2010) Apply)

This form, the Affidavit Of Debt (Form 47.02), is used in legal matters within Ireland. It specifically confirms a debt exists unless certain consumer credit laws apply to the case.

It captures the details of the debt itself, along with declarations made under oath regarding its validity and status.

Risk Radar

  • Do not use this form if your debt is strictly governed by the Consumer Credit Act 1995.
  • Failing to state the exact amount owed.
  • Not properly swearing/attesting the document.
  • Incorrectly assuming Consumer Credit Act rules apply.
  • Missing details about the debtor's address.

Plain English

Think of this as a sworn statement about owing money. You use it when you need to officially declare that someone owes you money, but your situation isn't covered by specific 1995 or 2010 Consumer Credit rules.

Submission Date

  • The deadline is dictated by the court case timeline. Always check the specific directions issued by the presiding judge.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use this form when you need to legally state that a specific debt is owed.
  • It applies unless the case falls under the Consumer Credit Act 1995 or related EU regulations.
  • Select this form if your debt isn't covered by standard consumer credit rules (e.g., personal loans, mortgages).
  • This is used in legal proceedings within Ireland to establish financial obligation.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Debt exists, but Consumer Credit Act appliesLikely Form 47.02B or similarThe exception clause might require a different specific form for clarityCheck the court requirements first
Confirming a simple debt owed between two partiesForm 47.02 (This one)It covers standard debts outside consumer credit rulesEnsure no CCA/EU regulations apply
Debt related to a specific CRO filingNot confirmed in official sourceThe nature of the debt dictates the best formCheck with your solicitor
Affidavit for a loan where the borrower is an Irish companyForm 47.02 (This one)It covers general debts, even if held by a business entityVerify if CRO specific forms are needed

Deadline or filing window

The deadline is dictated by the court case timeline. Always check the specific directions issued by the presiding judge.

Before you submit

  • Ensure all parties involved are clearly named on the form.
  • Verify that the debt amount stated is accurate and matches supporting documents.
  • Check that the affidavit is signed by the correct person (the debtor/creditor).
  • Confirm the date of signing is current or relevant to the proceedings.
  • Make sure any required court stamp placeholders are ready for completion.

How to file this form

  1. 1Fill in all sections of Form 47.02 completely and legibly.
  2. 2Have the affidavit signed by the person asserting the debt.
  3. 3Get the document properly witnessed (if required by the specific court).
  4. 4Submit the original form to the relevant Irish Court office or via the online portal.
  5. 5Keep a copy for your own records.

Known limitations

  • This form does not guarantee the debt will be legally recognized in court.
  • It is specifically designed *except* for cases covered by CCA 1995/EU Regulations; if those apply, another form might be better.
  • The required supporting evidence must accompany this affidavit.
  • Not confirmed in official source: It does not replace a formal judgment.

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Current Form Status

This is the Affidavit Of Debt Form 47.02 from the Courts Service of Ireland. It confirms a debt exists, but it has an important exception clause regarding consumer credit laws.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the date of the form to ensure it matches current Courts Service updates.
  • Verify the exact wording of the exception clause regarding CCA 1995 and S.I. 281/2010.
  • Confirm if there have been changes to required witness signatures or seals.
  • Note any updates to specific fields related to consumer agreements.

Quick Facts

Anyone involved in a debt dispute within the Irish courts needs this form if they are making the formal declaration of debt. This applies to parties outside strict consumer credit proceedings.
It captures the details of the debt itself, along with declarations made under oath regarding its validity and status.
You submit this when a court requires proof that a specific debt exists for a case in the Courts Service of Ireland. The exact timing depends on your legal proceedings.
Submission is generally directed to the relevant Irish Court handling the matter. Check with your solicitor or the specific court office for accepted methods (online, post, etc.).
Submitting this correctly proves the debt in court. Errors can cause delays or lead the judge to reject your claim.
First, fill in all sections clearly using black ink. Next, ensure the debtor and creditor details are accurate. Finally, have the document signed and sworn before an authorized person (like a solicitor or Commissioner for Oaths).

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

47.02 Affidavit Of Debt (Except In Proceedings To Which The Consumer Credit Act 1995 Or The European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 Of 2010) Apply)

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After you file

  • Retain the filed copy of Form 47.02 safely.
  • Note the case number assigned by the Courts Service.
  • Track when the opposing party acknowledges receipt of the debt claim.
  • Follow up if you do not receive confirmation within the expected timeframe.

Source and verification log

  • Issued by: Courts Service of Ireland
  • Form Number: 47.02
  • Purpose: To formally state a debt exists.
  • Exception Clause: Consumer Credit Act 1995 / EU Regulations 2010 (S.I. 281/2010)

Common confusion points

4 things to watch for

  • 1

    Mistaking this for a simple 'Statement of Debt'—this is a formal Affidavit, requiring swearing/attestation.

  • 2

    Believing it applies to *all* debts; the exception clause is critical.

  • 3

    Not knowing whether the debt falls under the Consumer Credit Act 1995.

  • 4

    Failing to specify which party owes the money (creditor vs. debtor).

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