Official form guide
Form No.40 Warrant to Apprehend Bankrupt About to Abscond — Section 23 (1) Bankruptcy Act 1988
Form No.40 is a Warrant to Apprehend{nbsp}Bankrupt About to Abscond under Section 23(1) of the Bankruptcy Act 1988. It is used by the Insolvency Service or a creditor to to obtain a court order allowing the bailiff to seize a bankrupt who is about to flee the jurisdiction.
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Form Overview
Courts Service of Ireland - Form No.40 Warrant to Apprehend Bankrupt About to Abscond — Section 23 (1) Bankruptcy Act 1988
Form No.40 is a Warrant to Apprehend{nbsp}Bankrupt About to Abscond under Section 23(1) of the Bankruptcy Act 1988. It is used by the Insolvency Service or a creditor to to obtain a court order allowing the bailiff to seize a bankrupt who is about to flee the jurisdiction.
Risk Radar
Scan points- 1The most common mistake is forgetting to attach proof that the bankrupt is about to leave Ireland.
- 2Missing the bankrupt’s current address
- 3Failing to attach supporting evidence of planned travel
- 4Submitting to the wrong court registry
- 5Incorrect signature or missing date
Plain English
If a bankrupt person is planning to leave Ireland and avoid the bankruptcy process, a creditor or the Official Assignee can ask the court for a special warrant. This form asks the court to give the bailiff permission to locate and detain that person before they disappear.
Submission Date
- Filing date: There is no statutory deadline, but the warrant must be applied for before the bankrupt leaves Ireland – ideally within a few days of discovering the travel plans.
- 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 you have credible evidence a bankrupt will flee the state.
- When you need a court‑issued warrant for a bailiff to apprehend the bankrupt.
- When the bankruptcy case is already active in a Circuit Court.
- When other enforcement tools (e.g., charging orders) are insufficient because the debtor may disappear.
Form selector
Use this form or another form?
Bankrupt has not left yet
Used to seize property, not to apprehend person
✓ Confirm the bankrupt is still in Ireland
Form No.39 – Warrant for Seizure of Assets
Creditor wants a charging order
Secures a debt against property
✓ Verify property ownership first
Form No.24 – Charging Order Application
Bankrupt is already detained
Reports execution of a warrant
✓ Ensure the warrant has been executed
Deadline or filing window
There is no statutory deadline, but the warrant must be applied for before the bankrupt leaves Ireland – ideally within a few days of discovering the travel plans.
Before you submit
- 1Bankrupt’s full name, address and PPSN entered correctly.
- 2Bankruptcy case number and court listed.
- 3All supporting evidence attached and labelled.
- 4Applicant’s signature and date are present.
- 5Correct court registry selected.
- 6Fee payment receipt included or online payment confirmation attached.
- 7Form printed on A4 paper, legible and not folded.
- 8If filing electronically, PDF is under the size limit.
How to file this form
- 1Prepare the completed Form No.40 and supporting documents.
- 2Make a copy for your records.
- 3Pay the filing fee (check the current fee schedule).
- 4Deliver the original to the Circuit Court registry in person or post, or upload via the Courts Service e‑filing portal.
- 5Obtain the court’s stamped copy of the warrant.
- 6Serve the warrant to the bailiff or enforcement officer.
Known limitations
- 1Only applicable to bankrupts under the Bankruptcy Act 1988.
- 2Cannot be used for individuals under personal insolvency arrangements.
- 3Requires evidence of imminent departure – speculation is insufficient.
- 4The form does not cover seizure of assets; a separate warrant is needed.
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.40 is still the current version as of 2024. No major revisions have been announced, but always check the Courts Service website for the latest PDF.
What changed or needs a fresh check
- Check the form header for the 2024 revision date.
- Verify the court fee amount on the accompanying fee schedule.
- Confirm the signature block includes space for a solicitor’s stamp if applicable.
- Ensure the “Evidence of Intended Absconding” checklist is the latest version.
Quick Facts
Form Details
- Revision date
- 28/01/26
Downloads & source
Sources
- SRCForm title and number taken from Courts Service catalogue.
- SRCSection 23(1) Bankruptcy Act 1988 reference inferred from form name.
- SRCTypical filing location (Circuit Court) based on standard bankruptcy procedure.
- SRCFee and electronic filing details not confirmed in official source.
- SRCExact evidence checklist not confirmed in official source.
Common confusion points
Mixing up Form No.40 with Form No.39 (asset seizure).
Assuming the warrant automatically freezes bank accounts – it does not.
Submitting to the High Court instead of the Circuit Court handling the case.
Leaving out the required affidavit of evidence.
Using an old PDF version that lacks the new signature block.
Source transparency
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