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Form 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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Form Overview

Courts Service of Ireland - Form 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.

It records details of the debtor, the debt, the court case, and the request for a warrant under section 25.

Risk Radar

Scan points
  • 1The most common mistake is forgetting the Commissioner for Oaths signature.
  • 2Incorrect debtor name or address
  • 3Missing court case reference
  • 4Unsigned or unsworn declaration
  • 5Failing 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

  • Filing 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.

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Glossary Terms

Hover a term to preview the meaning.

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.

Form selector

Use this form or another form?

Debtor fails to file required statements

Used for filing financial details, not attendance

✓ Verify the case type first

Form No.46 – Statement of Affairs

Creditor wants a charging order

Different remedy, deals with security over property

✓ Confirm you need a warrant first

Form No.31 – Charging Order Application

Bankruptcy petition to be withdrawn

Ends the bankruptcy process, not about attendance

✓ Ensure the petition is still active

Form No.44 – Withdrawal of Bankruptcy Petition

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

  1. 1Debtor name and address match court records.
  2. 2Correct District Court reference number entered.
  3. 3Reason for warrant clearly stated under section 25.
  4. 4Signature signed in the presence of a Commissioner for Oaths.
  5. 5Commissioner’s signature and stamp included.
  6. 6All supporting court orders attached.
  7. 7Form completed in black ink or typed.
  8. 8Copies made for your records.
  9. 9Correct postage paid if posting.
  10. 10Form uploaded to the correct e‑filing portal if filing electronically.

How to file this form

  1. 1Download the latest Form No.45 from courts.ie.
  2. 2Gather the debtor’s details and the relevant court case number.
  3. 3Complete the form, ensuring all fields are filled.
  4. 4Have the form witnessed by a Commissioner for Oaths.
  5. 5Attach any required court orders or notices.
  6. 6Submit to the District Court Registry in person, by post, or via e‑filing.
  7. 7Obtain a receipt or filing confirmation for your records.

Known limitations

  1. 1Form is only for bankruptcy cases under section 25.
  2. 2Does not apply to non‑bankruptcy civil matters.
  3. 3Electronic filing may not be available in all districts.
  4. 4Only a Commissioner for Oaths can validate the signature.
  5. 5Incorrect court reference can cause rejection.

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

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.

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

A creditor, the Official Assignee, or a court officer files this form.
It records details of the debtor, the debt, the court case, and the request for a warrant under section 25.
File it as soon as a debtor refuses to attend a bankruptcy hearing or when the court orders a warrant.
Submit the completed form to the relevant District Court Registry in person or by post. Some courts accept electronic filing via the Courts Service e-filing portal.
Accurate filing ensures the court can issue the warrant promptly; errors can delay enforcement or lead to dismissal.
1. Download Form No.45 from the Courts Service website. 2. Fill in debtor details, case number, and reason for the warrant. 3. Sign and have a Commissioner for Oaths witness the signature. 4. Attach any supporting court orders. 5. Deliver the form to the District Court Registry or upload via e‑filing.

Form Details

Revision date
28/01/26

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Sources

  • SRCForm title and number from Courts Service of Ireland publications.
  • SRCSection 25 reference inferred from Bankruptcy Act 1988.
  • SRCSubmission methods based on typical Courts Service e‑filing and registry processes.
  • SRCSignature requirements inferred from Irish statutory forms practice.
  • SRCNot confirmed in official source: exact deadline timing.
  • SRCNot confirmed in official source: availability of e‑filing for this specific form.

Common confusion points

Mixing up Form No.45 with Form No.44 (withdrawal of petition).

Leaving the Commissioner for Oaths section blank.

Using an outdated form version.

Submitting to the wrong court registry.

Not attaching the prior court order that authorises the warrant.

Incorrectly spelling the debtor’s name.

Assuming electronic filing is mandatory.

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Source transparency

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