Official form guide
Form No.38 Warrant to Apprehend Debtor About to Abscond After Bankruptcy Summons, Section 9 — Bankruptcy Act 1988
Form No.38 is a warrant issued by the Courts Service to apprehend a debtor who is about to abscond after being served with a bankruptcy summons under Section 9 of the Bankruptcy Act 1988. It is used when a creditor or the Official Assignee believes the debtor will flee the jurisdiction to avoid bankruptcy proceedings.
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Form Overview
Courts Service of Ireland - Form No.38 Warrant to Apprehend Debtor About to Abscond After Bankruptcy Summons, Section 9 — Bankruptcy Act 1988
Form No.38 is a warrant issued by the Courts Service to apprehend a debtor who is about to abscond after being served with a bankruptcy summons under Section 9 of the Bankruptcy Act 1988. It is used when a creditor or the Official Assignee believes the debtor will flee the jurisdiction to avoid bankruptcy proceedings.
Risk Radar
Scan points- 1The most common mistake is sending the form to the wrong court registry.
- 2Missing or incorrect debtor address
- 3Failing to attach evidence of flight risk
- 4Submitting to the wrong court registry
- 5Unsigned or improperly witnessed form
Plain English
If someone owes you money and a court has ordered them to attend a bankruptcy hearing, but you think they are planning to run away, you can ask the court for a warrant to have them arrested. This form starts that process.
Submission Date
- Filing date: There is no fixed statutory deadline, but the warrant should be applied for immediately once a credible risk of absconding is identified, ideally before the debtor’s next court date.
- 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
- When a debtor has been served with a bankruptcy summons and is likely to flee.
- If you need a court‑issued arrest warrant to prevent absconding.
- When the debtor’s whereabouts are known but they plan to leave the country.
- Instead of filing a general bankruptcy petition, which does not address flight risk.
Form selector
Use this form or another form?
Debtor missing after summons
Specifically seeks arrest warrant
✓ Verify debtor’s last known address
General bankruptcy filing
Initiates bankruptcy process, not arrest
✓ Use only if no flight risk
Enforcement of judgment
Seizes assets, not arrest
✓ Choose when debtor is present but assets are hidden
Deadline or filing window
There is no fixed statutory deadline, but the warrant should be applied for immediately once a credible risk of absconding is identified, ideally before the debtor’s next court date.
Before you submit
- 1Debtor’s full legal name and current address entered correctly.
- 2Bankruptcy summons reference number included.
- 3Evidence of flight risk attached (e.g., travel tickets, passport copy).
- 4Form signed by the applicant and witnessed where required.
- 5Correct court registry selected.
- 6Cover letter stating purpose of the warrant attached.
- 7Two copies of the form prepared (original for court, copy for records).
- 8Postage or delivery method confirmed.
How to file this form
- 1Collect all required debtor and summons details.
- 2Complete Form No.38, filling each section clearly.
- 3Attach supporting documents that show the debtor may flee.
- 4Sign the form and obtain any required witness signatures.
- 5Deliver the form to the appropriate court registry in person or by post.
- 6Obtain a receipt or acknowledgment from the court clerk.
- 7File a copy of the receipt with your own records.
Known limitations
- 1Form only applies to cases under Section 9 of the Bankruptcy Act 1988.
- 2Cannot be used for civil debt recovery without bankruptcy context.
- 3Requires the applicant to have a legitimate interest (creditor or trustee).
- 4Court may refuse the warrant if evidence of flight risk is insufficient.
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->Form No.38 remains current as of the latest Courts Service update in 2024. No major revisions have been announced recently.
What changed or needs a fresh check
- Check that the court name and registry address match the latest Courts Service directory.
- Confirm the section reference (Section 9, Bankruptcy Act 1988) is still applicable.
- Verify any new witness requirements introduced in the 2023 amendment.
- Ensure the form layout matches the 2024 PDF version available on the Courts Service website.
Quick Facts
Form Details
- Revision date
- 28/01/26
Downloads & source
Sources
- SRCForm title and number from Courts Service catalogueconfirmed in official source.
- SRCSection 9 reference to Bankruptcy Act 1988confirmed in official source.
- SRCRequirement to attach evidence of flight risknot confirmed in official source.
- SRCWitness signature requirementnot confirmed in official source.
- SRCCourt registry submission methodsnot confirmed in official source.
- SRCLatest version date (2024)not confirmed in official source.
Common confusion points
Mixing up Form No.38 with the general bankruptcy petition (Form B1).
Unclear whether a witness is needed for the signature.
Submitting to the wrong court (e.g., District Court instead of Circuit Court).
Leaving out supporting evidence of the debtor’s intent to flee.
Using an outdated version of the form layout.
Assuming the warrant guarantees arrest without court approval.
Source transparency
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