No.41  Warrant to Arrest for Failure to Appear to Summons—section 23 (2) and (3) Bankruptcy Act 1988

What this form is for

• • When a bankrupt debtor does not attend a court hearing after a summons.
• • When the court has expressly ordered a warrant under s.23(2)(3) of the Bankruptcy Act.
• • When enforcement officers need a formal warrant to proceed with arrest.
• • Not for use in non‑bankruptcy contempt or civil contempt matters.

Use this form or another form?

Deadline or filing window

The warrant must be issued within 14 days of the missed summons, unless the court grants an extension.

Before you submit

• • Debtor’s full name and current address verified.
• • Correct High Court case reference entered.
• • Original summons notice attached.
• • Statutory basis (Bankruptcy Act 1988 s.23(2)(3)) accurately quoted.
• • Signature of the authorised judge or registrar present.
• • Date of issue and intended execution date filled in.
• • Form signed and dated by the filing officer.
• • Two copies prepared – one for the court, one for enforcement officers.
• • Receipt obtained from the Registry after submission.

How to file this form

1. 1Gather the debtor’s case file and the missed summons document.
2. 2Complete all required fields on Form No.41.
3. 3Attach the original summons and any supporting court orders.
4. 4Obtain the authorised signature of the judge or registrar.
5. 5Deliver the form to the High Court Registry in Dublin.
6. 6Collect the filing receipt and keep a copy for your records.

Known limitations

• • Only applicable to bankruptcy cases under the 1988 Act.
• • Cannot be used for civil contempt or non‑bankruptcy matters.
• • Requires the original summons; a copy is insufficient.
• • Must be filed within the statutory time limit.
• • Only the High Court Registry accepts this form; lower courts do not.