57.2 Warrant Of Distress And Sale - Enforcement Of Court Orders Act 1940, Section 8 (As Amended By Civil Law (Miscellaneous Provisions) Act 2011, Section 63)
This form is a Warrant of Distress and Sale issued under the Enforcement Of Court Orders Act 1940, specifically referencing Section 8 (as amended by the Civil Law (Miscellaneous Provisions) Act 2011). You use this when you need to enforce a court order by seizing property ('distress') and then selling that property ('sale').
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57.2 Warrant Of Distress And Sale - Enforcement Of Court Orders Act 1940, Section 8 (As Amended By Civil Law (Miscellaneous Provisions) Act 2011, Section 63)
This form is a Warrant of Distress and Sale issued under the Enforcement Of Court Orders Act 1940, specifically referencing Section 8 (as amended by the Civil Law (Miscellaneous Provisions) Act 2011). You use this when you need to enforce a court order by seizing property ('distress') and then selling that property ('sale').
Risk Radar
- Ensure the reference number of the underlying Court Order matches perfectly.
- Failing to specify the exact debt amount being recovered.
- Incorrectly listing the property/goods subject to distress.
- Not citing the correct amendment section (Civil Law (Miscellaneous Provisions) Act 2011, Section 63).
- Using an outdated version of Form 57.2.
Plain English
Think of this as the official paperwork telling someone they owe money or must comply with a court ruling. It allows the relevant party to legally seize assets—like goods or property—and sell them off to recover what is owed.
Submission Date
- The warrant must be issued promptly after the court order becomes enforceable; specific timelines are not confirmed in this source but should align with the Act's requirements.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • Use this when you need to seize property directly because a court order requires it.
- • This is for enforcing existing court orders, not just starting new ones.
- • It specifically relates to the powers granted under Section 8 of the Enforcement Of Court Orders Act 1940.
- • You use this before or during the actual sale of seized goods.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Enforcement Order (General) | Form 57.1 (Likely) | If you are just serving the order without immediate seizure, use 57.1. | Check if your action is 'Distress' or 'Sale'. |
| Application for Judgment Summons | Not confirmed in official source | This form might be used to *get* the underlying court order first. | Ensure the warrant references a valid judgment. |
| Notice of Sale (Post-Seizure) | Form 57.3 (Likely) | Use this after you have seized the goods and are advertising the sale. | Confirm if the document is for seizure or the subsequent sale notice. |
Deadline or filing window
The warrant must be issued promptly after the court order becomes enforceable; specific timelines are not confirmed in this source but should align with the Act's requirements.
Before you submit
- • The Warrant must clearly state which court order it enforces.
- • Identify the person or entity legally entitled to apply for this warrant (the creditor).
- • All relevant parties involved in the judgment must be listed on the form.
- • Ensure there is a clear description of the property intended for distress and sale.
- • The issuing authority/court stamp must be present and legible.
How to file this form
- 1Complete all sections of Form 57.2 thoroughly, using black ink.
- 2Have the warrant signed by an authorized official from the Courts Service.
- 3Submit the completed form to the relevant County or Circuit Court office.
- 4Keep a copy for your own records (this is your proof of application).
- 5If required by your specific case, submit supporting documentation alongside the form.
Known limitations
- • This form does not guarantee successful seizure or sale; it only authorizes the action.
- • The scope of distress and sale must align precisely with what the underlying Court Order allows.
- • Not confirmed in official source: Specific jurisdictional variations (e.g., Dublin vs. Cork) might require minor local adaptations.
- • It is not a substitute for legal advice regarding procedural fairness.
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This is the current standard form for issuing a Warrant of Distress and Sale under Section 8. It reflects amendments made by the Civil Law (Miscellaneous Provisions) Act 2011.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify the exact wording regarding the Civil Law (Miscellaneous Provisions) Act 2011, Section 63.
- • Check if there have been any recent updates to the required signatory boxes.
- • Confirm the specific reference number of the underlying Court Order being enforced.
- • Ensure the date format matches current Courts Service standards.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 23/10/25
Downloads
57.2 Warrant Of Distress And Sale - 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 the filing reference number provided by the Court office.
- • Monitor the court docket to see when the warrant has been formally issued/served.
- • Prepare documentation needed for the physical act of distress (seizure).
- • If the sale happens, ensure the proceeds are accounted for according to the order.
Source and verification log
- • Issuing Agency: Courts Service of Ireland (COURTS)
- • Form Number: 57.2
- • Primary Legislation: Enforcement Of Court Orders Act 1940, Section 8
- • Amending Legislation: Civil Law (Miscellaneous Provisions) Act 2011, Section 63
Common confusion points
4 things to watch for
- 1
Confusing 'Distress' with 'Sale': Distress is the *taking* of property; Sale is the *selling* of that taken property.
- 2
Not knowing which Court Order number to cite: The warrant must link directly back to a specific, active judgment.
- 3
Believing this form covers all debt types: It applies specifically where an Enforcement Of Court Orders Act 1940 order exists.
- 4
Mistaking the applicant for the debtor: Ensure you know who is *asking* the court to enforce the order.
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