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No.35 Affidavit of Creditor in Proof of Debt

This form is a sworn statement from a creditor proving the amount of debt owed in Irish court proceedings. It's used when a creditor needs to formally declare and verify a debt during insolvency or bankruptcy cases.

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Form Overview

No.35 Affidavit of Creditor in Proof of Debt

This form is a sworn statement from a creditor proving the amount of debt owed in Irish court proceedings. It's used when a creditor needs to formally declare and verify a debt during insolvency or bankruptcy cases.

This form captures details about the debt owed, including the amount, when it was incurred, and supporting evidence to prove the debt's validity.

Risk Radar

  • Always double-check your debt calculations before submitting, as errors can lead to claim rejection.
  • Inaccurate debt calculations
  • Missing supporting evidence
  • Incorrect witness signatures
  • Late submission deadlines

Plain English

If someone owes you money and they're going through bankruptcy or insolvency proceedings in Ireland, you need to formally tell the court how much they owe you. This affidavit is your official way of telling the court the exact amount of the debt and providing evidence to support your claim.

Submission Date

  • Submission deadlines are typically set by the court when the insolvency proceedings begin, usually within 21 days of notification, but always confirm the specific deadline in your court documents.
  • 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 a debtor enters bankruptcy or insolvency proceedings in Ireland
  • Use this form to formally claim a debt in an Irish bankruptcy estate
  • Use this form if you're a creditor with a disputed debt amount
  • Use this form when required by the court trustee or official assignee
  • Use this form for both personal and corporate insolvency proceedings

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Bankruptcy petitionNo.1 Petition for BankruptcyInitiates bankruptcy processCheck if you're the creditor starting proceedings
Statement of affairsNo.6 Statement of AffairsDebtor's financial positionVerify if debtor has already filed this
Proof of debt formForm No.35 (alternative)Alternative creditor claimConfirm which version the court accepts
Creditor's committee nominationForm No.38Representation of creditorsCheck if you need to join creditor committee
Insolvency applicationForm No.8Application for insolvency ordersVerify if this is the appropriate proceeding

Deadline or filing window

Submission deadlines are typically set by the court when the insolvency proceedings begin, usually within 21 days of notification, but always confirm the specific deadline in your court documents.

Before you submit

  • Verify all debtor details are accurate and complete
  • Include all supporting documents for the debt claim
  • Ensure calculations are correct and double-checked
  • Confirm proper witness signature and stamp
  • Check form matches current version No.35
  • Include reference number from court documents
  • Verify submission address and method
  • Keep a copy of the completed form for your records

How to file this form

  1. 1Obtain the official Form No.35 from the Courts Service website or court office
  2. 2Complete all sections with accurate debt details and supporting evidence
  3. 3Have the affidavit witnessed by a commissioner for oaths or authorized official
  4. 4Submit the completed form to the court handling the insolvency proceedings
  5. 5Keep a copy for your records and follow up with the court if acknowledgment not received

Known limitations

  • This form only applies to Irish insolvency proceedings
  • It doesn't establish the debt's validity, only proves the amount claimed
  • The court may reject claims without proper supporting evidence
  • Joint debts require additional documentation
  • Foreign debts may require additional verification

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Current Form Status

Form No.35 is the current version used by the Courts Service of Ireland for creditor affidavits in insolvency proceedings. No recent changes have been officially reported, but always verify with the Courts Service website before filing.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form number matches No.35 from Courts Service
  • Check for any recent updates on the Courts Service website
  • Ensure witness section is properly formatted
  • Confirm currency details match current Irish requirements
  • Check if digital submission options are now available

Quick Facts

Creditors who are owed money and need to make a formal claim in Irish bankruptcy or insolvency proceedings must file this form.
This form captures details about the debt owed, including the amount, when it was incurred, and supporting evidence to prove the debt's validity.
Submit this form when you've been notified of a bankruptcy or insolvency proceeding where you're a creditor and need to prove the amount owed.
Submit this form to the relevant court office handling the insolvency or bankruptcy case, either in person or by post as specified in court documents.
Submitting an incomplete or inaccurate affidavit could result in your claim being rejected or significantly delayed, potentially affecting your ability to recover the debt.
Complete all sections with accurate details about the debt and gather supporting documentation. Have the affidavit witnessed by a commissioner for oaths before submitting it to the court handling the insolvency proceedings.

Form Details

Agency
Courts Service of Ireland
Revision Date
27/01/26

No.35 Affidavit of Creditor in Proof of Debt

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After you file

  • Monitor court communications for updates on your claim
  • Respond promptly to any requests for additional information
  • Attend creditor meetings if required
  • Keep track of the insolvency proceedings timeline
  • Document all communications with the court or trustee
  • Be prepared to negotiate settlement amounts if appropriate

Source and verification log

  • Form No.35 is published by the Courts Service of Ireland
  • Used specifically for creditor claims in insolvency proceedings
  • Requires witnessing by authorized officials
  • Submitted to courts handling bankruptcy or insolvency cases
  • Not confirmed in official source if digital submission is available
  • Not confirmed in official source about specific documentation requirements
  • Not confirmed in official source about current processing times
  • Not confirmed in official source about fees associated with submission

Common confusion points

8 things to watch for

  • 1

    Confusing affidavit with regular debt collection letters

  • 2

    Uncertainty about what constitutes valid supporting evidence

  • 3

    Misunderstanding the difference between secured and unsecured debt claims

  • 4

    Confusion about proper witnessing requirements

  • 5

    Difficulty determining which court has jurisdiction

  • 6

    Uncertainty about claim priority in insolvency proceedings

  • 7

    Mistaking this form for a debt enforcement procedure

  • 8

    Confusion about whether legal representation is required

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