No.45 Warrant to Bring Person Before Court—section 25 Bankruptcy Act 1988
Form No.45 is a Warrant to Bring Person Before Court under section 25 of the Bankruptcy Act 1988. It is used when a creditor or the Official Assignee wants the court to order a bankrupt or debtor to appear.
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No.45 Warrant to Bring Person Before Court—section 25 Bankruptcy Act 1988
Form No.45 is a Warrant to Bring Person Before Court under section 25 of the Bankruptcy Act 1988. It is used when a creditor or the Official Assignee wants the court to order a bankrupt or debtor to appear.
Risk Radar
- The most common mistake is forgetting the Commissioner for Oaths signature.
- Incorrect debtor name or address
- Missing court case reference
- Unsigned or unsworn declaration
- Failing to attach the required court order
Plain English
If someone owes money and isn’t cooperating, you can ask the court to force them to show up. This form asks a judge to issue a warrant so the person must appear in court. It’s a tool for creditors and the Official Assignee.
Submission Date
- There is no fixed statutory deadline, but the warrant should be applied for immediately after a missed hearing to avoid further delay in the bankruptcy process.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • When a bankrupt person refuses to attend a scheduled hearing.
- • When a creditor needs a court order to compel attendance.
- • When the Official Assignee seeks to enforce compliance with bankruptcy proceedings.
- • Instead of a general summons, use this specific warrant under section 25.
- • Only for bankruptcy cases, not other civil matters.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Debtor fails to file required statements | Form No.46 – Statement of Affairs | Used for filing financial details, not attendance | Verify the case type first |
| Creditor wants a charging order | Form No.31 – Charging Order Application | Different remedy, deals with security over property | Confirm you need a warrant first |
| Bankruptcy petition to be withdrawn | Form No.44 – Withdrawal of Bankruptcy Petition | Ends the bankruptcy process, not about attendance | Ensure the petition is still active |
Deadline or filing window
There is no fixed statutory deadline, but the warrant should be applied for immediately after a missed hearing to avoid further delay in the bankruptcy process.
Before you submit
- • Debtor name and address match court records.
- • Correct District Court reference number entered.
- • Reason for warrant clearly stated under section 25.
- • Signature signed in the presence of a Commissioner for Oaths.
- • Commissioner’s signature and stamp included.
- • All supporting court orders attached.
- • Form completed in black ink or typed.
- • Copies made for your records.
- • Correct postage paid if posting.
- • Form uploaded to the correct e‑filing portal if filing electronically.
How to file this form
- 1Download the latest Form No.45 from courts.ie.
- 2Gather the debtor’s details and the relevant court case number.
- 3Complete the form, ensuring all fields are filled.
- 4Have the form witnessed by a Commissioner for Oaths.
- 5Attach any required court orders or notices.
- 6Submit to the District Court Registry in person, by post, or via e‑filing.
- 7Obtain a receipt or filing confirmation for your records.
Known limitations
- • Form is only for bankruptcy cases under section 25.
- • Does not apply to non‑bankruptcy civil matters.
- • Electronic filing may not be available in all districts.
- • Only a Commissioner for Oaths can validate the signature.
- • Incorrect court reference can cause rejection.
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✦ Open in AI EditorCurrent Form Status
Form No.45 is the current version as of 2024. No recent amendments have been published, but check the Courts Service site for updates before filing.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check the form header for the 2024 revision date.
- • Confirm the court reference field layout matches the latest template.
- • Verify that the signature block includes space for a Commissioner for Oaths.
- • Ensure any attached schedule list matches the current version.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 28/01/26
Downloads
No.45 Warrant to Bring Person Before Court—section 25 Bankruptcy Act 1988
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After you file
- • Keep the filing receipt or e‑filing confirmation.
- • Monitor court notices for the warrant issuance date.
- • Inform the creditor or Official Assignee of the outcome.
- • Prepare for the debtor’s appearance on the scheduled date.
- • Update any internal case tracker with the warrant status.
Source and verification log
- • Form title and number from Courts Service of Ireland publications.
- • Section 25 reference inferred from Bankruptcy Act 1988.
- • Submission methods based on typical Courts Service e‑filing and registry processes.
- • Signature requirements inferred from Irish statutory forms practice.
- • Not confirmed in official source: exact deadline timing.
- • Not confirmed in official source: availability of e‑filing for this specific form.
Common confusion points
7 things to watch for
- 1
Mixing up Form No.45 with Form No.44 (withdrawal of petition).
- 2
Leaving the Commissioner for Oaths section blank.
- 3
Using an outdated form version.
- 4
Submitting to the wrong court registry.
- 5
Not attaching the prior court order that authorises the warrant.
- 6
Incorrectly spelling the debtor’s name.
- 7
Assuming electronic filing is mandatory.
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