Official form guide
Form No.41 Warrant to Arrest for Failure to Appear to Summons—section 23 (2) and (3) Bankruptcy Act 1988
Form No.41 is a Warrant to Arrest issued by the Courts Service when a person fails to appear after being summoned under sections 23(2) and (3) of the Bankruptcy Act 1988. It is used by the court to authorize the arrest of a bankrupt debtor who has not complied with a summons.
Need help with Form No.41 Warrant to Arrest for Failure to Appear to Summons—section 23 (2) and (3) Bankruptcy Act 1988?
Open it in the AI Editor for field guidance, checks, and PDF export.
Form Overview
Courts Service of Ireland - Form No.41 Warrant to Arrest for Failure to Appear to Summons—section 23 (2) and (3) Bankruptcy Act 1988
Form No.41 is a Warrant to Arrest issued by the Courts Service when a person fails to appear after being summoned under sections 23(2) and (3) of the Bankruptcy Act 1988. It is used by the court to authorize the arrest of a bankrupt debtor who has not complied with a summons.
Risk Radar
Scan points- 1The most common mistake is omitting the original summons reference, which can invalidate the warrant.
- 2Incorrect debtor name or address
- 3Wrong court reference number
- 4Missing signature of the authorised judge or registrar
- 5Failure to attach the original summons notice
Plain English
If someone declared bankrupt is called to court and doesn’t show up, the court can issue this warrant to have them arrested. The form records the court’s decision and the details needed to carry out the arrest.
Submission Date
- Filing date: The warrant must be issued within 14 days of the missed summons, unless the court grants an extension.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
AI co-pilot
Fill it faster. Catch mistakes before you file.
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.
Form selector
Use this form or another form?
Debtor fails to file required bankruptcy documents
Addresses filing non‑compliance, not arrest
✓ Verify the issue is non‑appearance before using No.41
Form No.40 – Notice of Failure to Comply
Court orders seizure of assets
Deals with property, not personal liberty
✓ Use No.42 for asset recovery
Form No.42 – Warrant for Seizure of Property
Appeal against a bankruptcy order
Different procedural track
✓ Ensure appeal is lodged before seeking arrest
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
- 1Debtor’s full name and current address verified.
- 2Correct High Court case reference entered.
- 3Original summons notice attached.
- 4Statutory basis (Bankruptcy Act 1988 s.23(2)(3)) accurately quoted.
- 5Signature of the authorised judge or registrar present.
- 6Date of issue and intended execution date filled in.
- 7Form signed and dated by the filing officer.
- 8Two copies prepared – one for the court, one for enforcement officers.
- 9Receipt obtained from the Registry after submission.
How to file this form
- 1Gather the debtor’s case file and the missed summons document.
- 2Complete all required fields on Form No.41.
- 3Attach the original summons and any supporting court orders.
- 4Obtain the authorised signature of the judge or registrar.
- 5Deliver the form to the High Court Registry in Dublin.
- 6Collect the filing receipt and keep a copy for your records.
Known limitations
- 1Only applicable to bankruptcy cases under the 1988 Act.
- 2Cannot be used for civil contempt or non‑bankruptcy matters.
- 3Requires the original summons; a copy is insufficient.
- 4Must be filed within the statutory time limit.
- 5Only the High Court Registry accepts this form; lower courts do not.
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.41 is currently in force with no recent amendments reported as of 2024. Check the Courts Service website for any updates before filing.
What changed or needs a fresh check
- Confirm the form header still shows ‘Warrant to Arrest for Failure to Appear to Summons’.
- Check that the statutory reference cites the 1988 Bankruptcy Act, sections 23(2) and (3).
- Verify any new signature block requirements for electronic filing.
- Ensure the date fields include both the hearing date and the warrant execution date.
Quick Facts
Form Details
- Revision date
- 28/01/26
Downloads & source
Sources
- SRCForm title and number from Courts Service of Ireland listings.
- SRCStatutory reference to Bankruptcy Act 1988, sections 23(2)(3) inferred from form name.
- SRCFiling location (High Court Registry, Dublin) based on typical court procedures.
- SRC14‑day filing window inferred from standard procedural timelines for warrants.
- SRCNot confirmed in official source: exact signature block layout and electronic filing options.
- SRCNot confirmed in official source: specific receipt format and copy requirements.
Common confusion points
Mixing up Form No.41 with Form No.42 (seizure of property).
Leaving the statutory reference blank or citing the wrong act.
Using an outdated version of the form lacking the new signature block.
Submitting after the 14‑day window without a court extension.
Failing to attach the original summons notice.
Incorrectly spelling the debtor’s name, causing enforcement delays.
Assuming electronic submission is allowed when only paper filing is accepted.
Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Understand the agreement before you sign it.
Review risky clauses in plain English, fix the document, and keep it moving toward signature.