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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

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

  • Not properly documenting the willful nature of the disobedience can lead to rejection of the warrant.
  • Incomplete information about the court order
  • Failure to prove willful disobedience
  • Missing supporting evidence
  • Incorrect 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

  • 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

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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

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
SituationLikely formWhy it mattersCheck before you continue
Non-payment of debt but not willful disobedienceForm for debt enforcementDifferent legal procedures applyVerify the nature of the disobedience
Bankruptcy order not being followed but not willfulEnforcement noticeLess severe consequencesDetermine if disobedience is intentional
Need to recover assets from bankrupt personAsset recovery applicationDifferent legal processConfirm the specific relief needed

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

  • Complete all sections of the form
  • Include details of the original court order
  • Document the specific acts of disobedience
  • Attach evidence of willful disobedience
  • Verify court fee payment
  • Ensure 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

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

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Current Form Status

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

Agency: Courts Service of Ireland

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

Agency
Courts Service of Ireland
Revision Date
28/01/26

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

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After you file

  • Wait for court processing and potential hearing
  • Prepare for the possibility of a committal hearing
  • Monitor for any court decisions or communications
  • Keep records of all proceedings related to the warrant

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Section 24 of Bankruptcy Act 1988
  • Used for enforcing bankruptcy-related court orders
  • Results in potential imprisonment for disobedience
  • Not confirmed in official source: exact submission procedures
  • Not confirmed in official source: current court fees
  • Not confirmed in official source: processing timeframes

Common confusion points

6 things to watch for

  • 1

    Confusing this form with general debt enforcement procedures

  • 2

    Not understanding the requirement for willful disobedience

  • 3

    Misidentifying which court office to submit to

  • 4

    Unclear about the evidence needed to support the warrant

  • 5

    Confusing bankruptcy committal with other types of imprisonment

  • 6

    Not knowing the time limits for filing after discovering disobedience

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