Official form guide
Form No.5 Affidavit for Bankruptcy Summons
Form No.5 Affidavit for Bankruptcy Summons is a sworn statement used in the Irish bankruptcy process. It is filed when a creditor or the Official Assignee seeks a court summons to commence bankruptcy proceedings.
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Form Overview
Courts Service of Ireland - Form No.5 Affidavit for Bankruptcy Summons
Form No.5 Affidavit for Bankruptcy Summons is a sworn statement used in the Irish bankruptcy process. It is filed when a creditor or the Official Assignee seeks a court summons to commence bankruptcy proceedings.
Risk Radar
Scan points- 1The most common mistake is forgetting to have the affidavit sworn before a commissioner for oaths.
- 2Leaving any section blank or illegible
- 3Failing to have the affidavit sworn correctly
- 4Omitting supporting court judgments or demand letters
- 5Submitting the wrong version of the form
Plain English
Think of this as a written oath that tells the court why you want someone declared bankrupt. You sign it in front of a commissioner for oaths and attach any supporting evidence.
Submission Date
- Filing date: There is no fixed statutory deadline, but the affidavit should be filed before the court hearing date set on the bankruptcy summons, typically within 14 days of receiving the demand or judgment.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When you are a creditor seeking to start bankruptcy against a debtor.
- When a statutory demand has been ignored and you have a court judgment.
- When you need a formal court summons to enforce bankruptcy.
- Not for voluntary bankruptcy applications by the debtor themselves.
- Do not use for winding‑up petitions; separate forms apply.
Form selector
Use this form or another form?
Debtor wants to declare personal bankruptcy
Used by the debtor, not a creditor
✓ Verify who is initiating the process
Company winding‑up
Different procedure for companies
✓ Use company‑specific form
Form 12 (Company Winding‑up Petition)
Statutory demand not complied with but no judgment yet
First step before affidavit
✓ Issue demand before affidavit
Deadline or filing window
There is no fixed statutory deadline, but the affidavit should be filed before the court hearing date set on the bankruptcy summons, typically within 14 days of receiving the demand or judgment.
Before you submit
- 1All fields completed in black ink.
- 2Affidavit signed and sworn before a commissioner for oaths.
- 3Original judgment or statutory demand attached.
- 4Two clear photocopies of the affidavit for the court file.
- 5Correct court registry address used.
- 6Postage receipt or electronic filing confirmation retained.
- 7Signature of creditor or authorised solicitor present.
- 8Date of signing is recent (within 30 days).
- 9Form version checked for latest revision.
- 10Any supporting correspondence referenced in the affidavit is included.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
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Fillable formOpen in Editor->Form No.5 is currently the latest version (as of 2024) and remains in force. No recent amendments have been announced.
What changed or needs a fresh check
- Confirm the form header shows 'Form No.5 – Affidavit for Bankruptcy Summons'.
- Check that the date on the form is 2024 or later.
- Verify the required number of signature blocks for creditor and commissioner.
- Ensure the attachment checklist includes judgment and statutory demand.
- Confirm the filing address matches the District Court jurisdiction.
Quick Facts
Form Details
- Revision date
- 28/01/26
Downloads & source
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