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Form No.44 Warrant of Committal Against a Person Disobeying an Order of Court—section 24 Bankruptcy Act 1988

This form is a warrant of committal used when someone disobeys a court order under Section 24 of the Bankruptcy Act 1988. It's typically used to enforce compliance with bankruptcy-related court orders when other methods have failed.

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Form Overview

Courts Service of Ireland - Form No.44 Warrant of Committal Against a Person Disobeying an Order of Court—section 24 Bankruptcy Act 1988

This form is a warrant of committal used when someone disobeys a court order under Section 24 of the Bankruptcy Act 1988. It's typically used to enforce compliance with bankruptcy-related court orders when other methods have failed.

The form captures details about the court order that was disobeyed, information about the person who disobeyed it, and grounds for committal to prison.

Risk Radar

Scan points
  • 1Not properly documenting the willful nature of the disobedience can lead to rejection of the warrant.
  • 2Incomplete information about the court order
  • 3Failure to prove willful disobedience
  • 4Missing supporting evidence
  • 5Incorrect court fee payment

Plain English

This form helps courts send someone to prison for not following a bankruptcy-related court order. It's a serious legal action used when someone has ignored or refused to comply with a judge's decision in a bankruptcy case.

Submission Date

  • Filing date: There is no specific deadline for filing this form, but it should be submitted promptly after discovering the disobedience to strengthen the case for committal.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • Use when someone has willfully disobeyed a bankruptcy court order
  • Use when other enforcement methods have failed
  • Use when seeking imprisonment as a consequence of disobedience
  • Not for simple non-payment without willful disobedience
  • Not for enforcing non-bankruptcy related court orders

Form selector

Use this form or another form?

Situation

Why it matters

✓ Check before you continue

Likely form

Non-payment of debt but not willful disobedience

Different legal procedures apply

✓ Verify the nature of the disobedience

Form for debt enforcement

Bankruptcy order not being followed but not willful

Less severe consequences

✓ Determine if disobedience is intentional

Enforcement notice

Need to recover assets from bankrupt person

Different legal process

✓ Confirm the specific relief needed

Asset recovery application

Deadline or filing window

There is no specific deadline for filing this form, but it should be submitted promptly after discovering the disobedience to strengthen the case for committal.

Before you submit

  1. 1Complete all sections of the form
  2. 2Include details of the original court order
  3. 3Document the specific acts of disobedience
  4. 4Attach evidence of willful disobedience
  5. 5Verify court fee payment
  6. 6Ensure proper signatures and dates

How to file this form

  1. 1Obtain the correct version of Form No.44 from the Courts Service
  2. 2Complete all sections with detailed information
  3. 3Gather supporting evidence of disobedience
  4. 4Submit to the relevant court office
  5. 5Pay required court fees
  6. 6Keep a copy for your records
  7. 7Follow up with the court if acknowledgment isn't received

Known limitations

  1. 1This form only applies to bankruptcy-related court orders under Section 24
  2. 2It cannot be used for simple non-payment without willful disobedience
  3. 3The warrant must be issued by a judge
  4. 4It's a serious remedy that should be used as a last resort

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

This form is current as of the Bankruptcy Act 1988, but users should verify with the Courts Service of Ireland for any recent updates.

What changed or needs a fresh check

  • Verify the form matches the current Bankruptcy Act 1988
  • Check for any recent amendments to Section 24
  • Confirm court fee requirements haven't changed
  • Ensure contact information for the Courts Service is current

Quick Facts

A creditor or the Official Assignee in bankruptcy proceedings would typically file this form when a person has willfully disobeyed a court order related to bankruptcy.
The form captures details about the court order that was disobeyed, information about the person who disobeyed it, and grounds for committal to prison.
This form should be submitted when a person has willfully disobeyed a bankruptcy-related court order, and other enforcement methods have failed.
The form would be submitted to the Courts Service of Ireland, likely through the relevant court office handling the bankruptcy case.
Submitting this form correctly is crucial because errors could result in delays in enforcing the court order or potentially improper committal of the individual.
Complete the form with all required details about the court order and the disobedience. Attach evidence of the disobedience. File with the appropriate court office and pay any required fees.

Form Details

Revision date
28/01/26

Downloads & source

Fill Form No.44 Warrant of Committal Against a Person Disobeying an Order of Court—section 24 Bankruptcy Act 1988

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Sources

  • SRCForm issued by Courts Service of Ireland
  • SRCRelated to Section 24 of Bankruptcy Act 1988
  • SRCUsed for enforcing bankruptcy-related court orders
  • SRCResults in potential imprisonment for disobedience
  • SRCNot confirmed in official source: exact submission procedures
  • SRCNot confirmed in official source: current court fees
  • SRCNot confirmed in official source: processing timeframes

Common confusion points

Confusing this form with general debt enforcement procedures

Not understanding the requirement for willful disobedience

Misidentifying which court office to submit to

Unclear about the evidence needed to support the warrant

Confusing bankruptcy committal with other types of imprisonment

Not knowing the time limits for filing after discovering disobedience

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Source transparency

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All Rights ReservedAll rights reserved by the copyright holder. Not licensed for open use. May only be used with explicit permission or under fair dealing/fair use.
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