No.42  Warrant of Committal for Refusing to Be Sworn or to Answer—section 24 Bankruptcy Act 1988

What this form is for

• • When a bankrupt debtor refuses to be sworn in a bankruptcy hearing.
• • When the refusal occurs after a formal court request has been denied.
• • When the matter is being dealt with in the Circuit Court or High Court.
• • When you need a court‑issued warrant to enforce attendance.
• • When you are the Official Assignee or a creditor with standing in the case.

Use this form or another form?

Deadline or filing window

The warrant must be applied for as soon as possible after the refusal, typically within 7 days, to avoid procedural delay.

Before you submit

• • Correct court name and registry selected
• • Accurate bankruptcy case number entered
• • Full legal name and address of the refusing party
• • Clear statement of refusal and reference to section 24
• • Applicant’s signature and date
• • Supporting affidavit attached
• • Required filing fee included or payment confirmation uploaded
• • Form printed legibly if submitting paper copy
• • Copy retained for your records
• • Confirmation of receipt from the court

How to file this form

1. 1Prepare all required information and supporting documents.
2. 2Complete Form No.42 on a computer or legibly by hand.
3. 3Sign the form and attach the affidavit.
4. 4Pay the filing fee (check current amount).
5. 5Submit in person at the court registry or post to the court address.
6. 6If using e‑filing, upload the PDF and fee receipt through the Courts Service portal.
7. 7Obtain the court’s acknowledgment or docket number.

Known limitations

• • Only applicable to bankruptcy cases under the 1988 Act.
• • Cannot be used for non‑bankruptcy contempt matters.
• • Electronic filing may not be available in all courts.
• • The form does not include a space for multiple refusing parties.
• • No automatic fee waiver; separate application required.