Official form guide
Form 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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Form Overview
Courts Service of Ireland - Form 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
Scan points- 1Ensure the reference number of the underlying Court Order matches perfectly.
- 2Failing to specify the exact debt amount being recovered.
- 3Incorrectly listing the property/goods subject to distress.
- 4Not citing the correct amendment section (Civil Law (Miscellaneous Provisions) Act 2011, Section 63).
- 5Using an outdated version of Form 57.2.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
- Filing 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.
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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.
Form selector
Use this form or another form?
Enforcement Order (General)
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
This form might be used to *get* the underlying court order first.
✓ Ensure the warrant references a valid judgment.
Notice of Sale (Post-Seizure)
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
- 1The Warrant must clearly state which court order it enforces.
- 2Identify the person or entity legally entitled to apply for this warrant (the creditor).
- 3All relevant parties involved in the judgment must be listed on the form.
- 4Ensure there is a clear description of the property intended for distress and sale.
- 5The 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
- 1This form does not guarantee successful seizure or sale; it only authorizes the action.
- 2The scope of distress and sale must align precisely with what the underlying Court Order allows.
- 3Not confirmed in official source: Specific jurisdictional variations (e.g., Dublin vs. Cork) might require minor local adaptations.
- 4It is not a substitute for legal advice regarding procedural fairness.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->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.
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
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCIssuing Agency: Courts Service of Ireland (COURTS)
- SRCForm Number: 57.2
- SRCPrimary Legislation: Enforcement Of Court Orders Act 1940, Section 8
- SRCAmending Legislation: Civil Law (Miscellaneous Provisions) Act 2011, Section 63
Common confusion points
Confusing 'Distress' with 'Sale': Distress is the *taking* of property; Sale is the *selling* of that taken property.
Not knowing which Court Order number to cite: The warrant must link directly back to a specific, active judgment.
Believing this form covers all debt types: It applies specifically where an Enforcement Of Court Orders Act 1940 order exists.
Mistaking the applicant for the debtor: Ensure you know who is *asking* the court to enforce the order.
Source transparency
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