No.39 Summons — Section 21, Bankruptcy Act 1988
Form No.39 Summons – Section 21, Bankruptcy Act 1988 is a court document used to start a bankruptcy proceeding against a debtor in Ireland. It is issued by the Courts Service when a creditor seeks a court order to declare the debtor bankrupt.
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No.39 Summons — Section 21, Bankruptcy Act 1988
Form No.39 Summons – Section 21, Bankruptcy Act 1988 is a court document used to start a bankruptcy proceeding against a debtor in Ireland. It is issued by the Courts Service when a creditor seeks a court order to declare the debtor bankrupt.
Risk Radar
- The most common mistake is omitting the debtor’s exact legal name, which leads to the summons being returned.
- Incorrect debtor details (name/address) causing the summons to be rejected
- Missing supporting judgment or debt evidence
- Failure to pay the filing fee
- Using the wrong court registry for the debtor’s residence
Plain English
If you are a creditor and want the court to make someone bankrupt, you fill out this summons. It tells the court why you think the person should be declared bankrupt and asks the judge to issue the order.
Submission Date
- There is no statutory filing deadline, but the summons should be served promptly after the creditor decides to pursue bankruptcy to avoid unnecessary delay.
- 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
- • When you want to start a bankruptcy proceeding under Section 21.
- • If you already have a court judgment against the debtor.
- • When the debt exceeds the statutory threshold for bankruptcy.
- • If you are a creditor and not the debtor themselves.
- • To obtain a formal bankruptcy order rather than a voluntary arrangement.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Debtor wants to declare personal bankruptcy | Form No.38 (Bankruptcy Petition) | Used by debtors, not creditors | Verify who is initiating the process |
| Creditor seeks a winding‑up order for a company | Form 12 (Company Winding‑up Petition) | Different statutory basis | Use company‑specific form |
| Creditor wants a judgment enforcement, not bankruptcy | Form 19 (Enforcement Order) | Simpler enforcement tool | Check if bankruptcy is necessary |
Deadline or filing window
There is no statutory filing deadline, but the summons should be served promptly after the creditor decides to pursue bankruptcy to avoid unnecessary delay.
Before you submit
- • Creditor and debtor names match official records.
- • Debt amount is correctly calculated and shown in euros.
- • All required supporting documents are attached.
- • Court filing fee receipt is included.
- • Form is signed by the creditor or their solicitor.
- • Correct District Court Registry selected.
- • If filing electronically, PDF is clear and all pages are uploaded.
- • Date of submission is recorded on the cover sheet.
- • Contact details are current and complete.
How to file this form
- 1Prepare all supporting documents (judgment, debt schedule).
- 2Complete Form No.39 with accurate details.
- 3Pay the applicable filing fee at the court or online.
- 4Attach the fee receipt and supporting documents to the form.
- 5Submit the package in person, by post, or via the e‑filing portal.
- 6Obtain a filing acknowledgment or receipt from the court.
- 7Serve a copy of the summons on the debtor as directed by the court.
Known limitations
- • Form is only for creditor‑initiated bankruptcy under Section 21.
- • Not suitable for voluntary bankruptcy petitions by debtors.
- • Does not cover company insolvency matters.
- • Electronic filing may not be available in all districts.
- • The form does not include a built‑in checklist for evidence.
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✦ Open in AI EditorCurrent Form Status
Form No.39 is the current version as of 2024 and has not been superseded. No recent amendments have been published.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the form header shows ‘No.39 – Section 21, Bankruptcy Act 1988’.
- • Check that the fee amount matches the latest court schedule.
- • Verify that the signature block includes space for both creditor and solicitor (if represented).
- • Ensure the attached supporting documents are listed in the checklist on the form.
- • Review any marginal notes for updated filing instructions.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- District Court Forms
- Source
- Court Forms ↗
- Revision Date
- 28/01/26
Downloads
No.39 Summons — Section 21, Bankruptcy Act 1988
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After you file
- • Keep the filing receipt for future reference.
- • Monitor court communications for any directions or hearing dates.
- • Serve the summons on the debtor according to court rules.
- • Prepare for the bankruptcy hearing by gathering additional evidence if requested.
- • Update your records with the court’s case number.
- • Notify any relevant third parties (e.g., banks) of the bankruptcy order once issued.
Source and verification log
- • Form title and number taken from user input.
- • Section 21 reference inferred from the Bankruptcy Act 1988.
- • Filing locations (District Court Registry, e‑filing portal) based on standard Courts Service practice.
- • Fee requirement inferred from typical court filing procedures.
- • All specific procedural details marked as not confirmed in official source where not directly known.
Common confusion points
7 things to watch for
- 1
Mixing up creditor‑initiated summons with debtor‑initiated bankruptcy petitions.
- 2
Leaving the ‘Section 21’ reference off the form header.
- 3
Submitting the form to the wrong court registry.
- 4
Failing to attach the original judgment order.
- 5
Incorrectly calculating the debt amount, especially interest.
- 6
Not paying the filing fee before submission.
- 7
Assuming electronic filing is mandatory when paper filing is still accepted.
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