IECOURTSDistrict Court Forms

Official form guide

Form No.3 Affidavit of Service of Bankruptcy Summons

The No.3 Affidavit of Service of Bankruptcy Summons is a statutory declaration used in Irish bankruptcy proceedings. It confirms that a bankruptcy summons has been properly served on the debtor.

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Form Overview

Courts Service of Ireland - Form No.3 Affidavit of Service of Bankruptcy Summons

The No.3 Affidavit of Service of Bankruptcy Summons is a statutory declaration used in Irish bankruptcy proceedings. It confirms that a bankruptcy summons has been properly served on the debtor.

It captures the date, place, method of service, and the name of the person served, plus a declaration under oath that the service was lawful.

Risk Radar

Scan points
  • 1The most common mistake is forgetting the Commissioner for Oaths’ signature.
  • 2Incorrect service date or location
  • 3Missing signature of the Commissioner for Oaths
  • 4Failure to attach proof of service
  • 5Using the wrong version of the form

Plain English

When a court issues a bankruptcy summons, the person who serves it must swear that they delivered it correctly. This form records that sworn statement and is filed with the court.

Submission Date

  • Filing date: File the affidavit within 7 days of service, or as directed by the court’s notice, to avoid postponement of the bankruptcy hearing.
  • 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

Hover a term to preview the meaning.

What this form is for

  • When you have personally served a bankruptcy summons on a debtor.
  • When a bailiff or sheriff completes service on behalf of the creditor.
  • When the court requires proof of service before proceeding to a hearing.
  • Instead of a general Affidavit of Service used for other court documents.

Form selector

Use this form or another form?

Service by post

Used when summons is mailed

✓ Verify that postal service proof is attached

Form No.4 Affidavit of Service by Post

Service on a corporate debtor

Different statutory wording required

✓ Check company name and registered address

Form No.5 Affidavit of Service on Company

Service outside Ireland

Needs foreign service documents

✓ Confirm jurisdictional rules

Form No.6 Affidavit of International Service

Deadline or filing window

File the affidavit within 7 days of service, or as directed by the court’s notice, to avoid postponement of the bankruptcy hearing.

Before you submit

  1. 1Form is the latest No.3 version.
  2. 2All fields completed in full.
  3. 3Date, place and method of service correctly entered.
  4. 4Signature of the server present.
  5. 5Commissioner for Oaths signature and seal attached.
  6. 6Proof of service (receipt, affidavit of bailiff) included.
  7. 7Original signed copy prepared.
  8. 8Copy retained for personal records.
  9. 9Correct court registry address used.
  10. 10Postage or electronic filing confirmation obtained.

How to file this form

  1. 1Download or collect the official No.3 Affidavit form.
  2. 2Complete the form with accurate service details.
  3. 3Arrange for a Commissioner for Oaths to witness your signature.
  4. 4Attach the required proof of service documents.
  5. 5Deliver the original to the appropriate court registry in person or by post.
  6. 6Obtain a receipt or filing acknowledgment.
  7. 7File a copy with any other parties involved in the bankruptcy case.

Known limitations

  1. 1Form only applies to personal bankruptcies, not corporate insolvency.
  2. 2Does not replace a formal court order; it merely records service.
  3. 3Electronic filing may not be accepted in all jurisdictions.
  4. 4Only a Commissioner for Oaths or solicitor can validate the affidavit.

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

The form is currently the latest version issued by the Courts Service; no recent amendments have been announced as of 2024.

What changed or needs a fresh check

  • Check the form header for the current year.
  • Confirm the reference number is No.3.
  • Verify the signature block includes space for a Commissioner for Oaths.
  • Ensure the checklist for attached proof of service matches the latest template.

Quick Facts

The bailiff, sheriff, or any authorised person who served the summons must complete the affidavit.
It captures the date, place, method of service, and the name of the person served, plus a declaration under oath that the service was lawful.
The affidavit must be filed as soon as possible after service, usually within a few days, and before the court schedules the debtor's hearing.
Submit the completed form to the Circuit Court or High Court registry where the bankruptcy case is lodged, either in person or by post. Some courts now accept electronic filing via the Courts Service e-filing portal.
Accurate filing proves due process; errors can delay the bankruptcy case or lead to the summons being deemed ineffective.
1. Obtain the official No.3 Affidavit form from the Courts Service website or registry. 2. Fill in all fields legibly, using black ink. 3. Have the affidavit witnessed and signed before a Commissioner for Oaths or solicitor. 4. Attach proof of service (e.g., delivery receipt). 5. File the original with the court registry and keep a copy for your records.

Form Details

Revision date
28/01/26

Downloads & source

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Sources

  • SRCForm title and number inferred from request.
  • SRCPurpose of affidavit deduced from Irish bankruptcy procedure.
  • SRCSubmission methods based on general Courts Service practice.
  • SRCDeadlines and risks are typical for service affidavitsnot confirmed in official source.
  • SRCAlternate form numbers are illustrativenot confirmed in official source.
  • SRCVersion checklist items are standard checksnot confirmed in official source.

Common confusion points

Mixing up Form No.3 with other affidavit numbers.

Assuming a simple signature is enough without a Commissioner for Oaths.

Leaving the proof of service attachment blank.

Using an outdated version of the form.

Submitting to the wrong court registry.

Not noting the exact time of service when required.

Failing to record the method of service accurately.

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