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57.1  Summons For Attendance Of Maintenance Debtor - Enforcement Of Court Orders Act 1940, Section 8 (As Amended By Civil Law (Miscellaneous Provisions) Act 2011, Section 63)

This form is a Summons issued by the Courts Service of Ireland. It specifically relates to enforcing court orders under Section 8 of the Enforcement Of Court Orders Act 1940 (as amended). Use it when you need to legally compel someone who owes maintenance payments to appear in court.

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Form Overview

57.1  Summons For Attendance Of Maintenance Debtor - Enforcement Of Court Orders Act 1940, Section 8 (As Amended By Civil Law (Miscellaneous Provisions) Act 2011, Section 63)

This form is a Summons issued by the Courts Service of Ireland. It specifically relates to enforcing court orders under Section 8 of the Enforcement Of Court Orders Act 1940 (as amended). Use it when you need to legally compel someone who owes maintenance payments to appear in court.

It captures details about the maintenance debt, the specific court order in place, and summonses the debtor's attendance. It confirms the legal basis for demanding their presence.

Risk Radar

  • Double-check that the Act/Section references (1940 & 2011) are correct on the document.
  • Incorrectly identifying the Maintenance Debtor
  • Failing to cite the original Court Order number
  • Using an outdated version of Form 57.1
  • Not specifying the exact amount owed in arrears

Plain English

Simply put, this is a formal notice telling someone they must show up for a hearing. This happens because they are failing to pay the agreed-upon maintenance amount from a previous court order. It forces them to attend so the court can deal with their non-payment.

Submission Date

  • There is no specific universal deadline listed here, but submission should happen as soon as maintenance arrears occur and enforcement action is required.
  • 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

  • You need to force someone (the Maintenance Debtor) to attend court.
  • The debt relates specifically to a previously granted maintenance order.
  • This form covers enforcement actions under Section 8 of the Enforcement Of Court Orders Act 1940.
  • Use this when simple demands or letters haven't made the debtor appear.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Maintenance Order ExistsForm 57.1Need to compel attendance for a specific payment/hearingCheck if you need an order *before* summoning
Debt is not maintenance relatedNot confirmed in official sourceIf the debt is general (e.g., rent, loan) use another summons formVerify the type of obligation owed
You are filing for a new maintenance orderNot confirmed in official sourceUse a different application form to *obtain* the order firstConfirm if the order already exists

Deadline or filing window

There is no specific universal deadline listed here, but submission should happen as soon as maintenance arrears occur and enforcement action is required.

Before you submit

  • The Maintenance Debtor's full name and address are correct.
  • The Court Order reference number is accurately cited.
  • Your own details (the person seeking enforcement) are complete.
  • You have clearly stated *why* the debtor must attend.
  • All required signature blocks are filled out.

How to file this form

  1. 1Complete all sections of Form 57.1 thoroughly.
  2. 2Sign and date the form where indicated.
  3. 3File the completed summons with the relevant District or Circuit Court office.
  4. 4Ensure you receive an official filing receipt stamp.
  5. 5Keep a copy for your own records.

Known limitations

  • This form only compels attendance; it doesn't automatically collect the debt.
  • Its applicability is strictly limited to maintenance obligations under Section 8.
  • The specific court rules might require accompanying documentation (like a copy of the original order).
  • Not confirmed in official source: It does not dictate the exact penalty for non-attendance.

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Current Form Status

This is a standard summons used within the Irish courts system. It remains relevant for enforcing maintenance payments under the specified Act and amendments.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the date stamp on the top corner.
  • Verify that the full title includes 'Enforcement Of Court Orders Act 1940, Section 8'.
  • Ensure the amendment reference mentions 'Civil Law (Miscellaneous Provisions) Act 2011, Section 63'.
  • Confirm the specific court this summons is addressed to.
  • Look for any updated Courts Service of Ireland logo or document ID.

Quick Facts

The person who needs to file this form is usually the creditor or the party owed the maintenance payments.
It captures details about the maintenance debt, the specific court order in place, and summonses the debtor's attendance. It confirms the legal basis for demanding their presence.
You submit this when the maintenance payments are overdue and you need a formal judicial step to enforce them. This is triggered by non-compliance with existing orders.
This form must be submitted to the relevant Courts Service of Ireland office. Submission methods typically include online portals or hard copy mail.
Submitting it correctly ensures the court knows exactly who needs to appear and why. Errors can delay enforcement actions or lead to the debtor ignoring the summons entirely.
Fill in all required fields clearly, ensuring the maintenance details match your existing orders. Accurately state the name and address of the Maintenance Debtor. Sign and date the form before submitting it to the Courts Service.

Form Details

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

57.1  Summons For Attendance Of Maintenance Debtor - Enforcement Of Court Orders Act 1940, Section 8 (As Amended By Civil Law (Miscellaneous Provisions) Act 2011, Section 63)

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After you file

  • Track when the debtor is officially served with the summons.
  • Note the hearing date listed on the form.
  • Prepare evidence supporting the maintenance debt.
  • Monitor the court calendar for confirmation of attendance or default status.

Source and verification log

  • Issuing Body: Courts Service of Ireland (COURTS)
  • Form Number: 57.1
  • Primary Legislation Cited: Enforcement Of Court Orders Act 1940, Section 8
  • Key Amendment Cited: Civil Law (Miscellaneous Provisions) Act 2011, Section 63
  • Not confirmed in official source: The specific court jurisdiction covered.

Common confusion points

4 things to watch for

  • 1

    Confusing this summons (compelling appearance) with a judgment application (asking the judge to rule).

  • 2

    Not clearly stating that the obligation is 'Maintenance' and not general debt.

  • 3

    Failing to reference the specific Court Order number that established the maintenance.

  • 4

    Assuming filing it automatically means the debtor will show up without proper service.

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