The Part II Miscellaneous No. 16 Notice or Praecipe for Caveat Against Payment is a Courts Service of Ireland form used to lodge a formal notice that a payment should be withheld pending a court decision. It is typically filed when a party wants to protect assets or ensure a debt is not paid until the matter is resolved.
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The Part II Miscellaneous No. 16 Notice or Praecipe for Caveat Against Payment is a Courts Service of Ireland form used to lodge a formal notice that a payment should be withheld pending a court decision. It is typically filed when a party wants to protect assets or ensure a debt is not paid until the matter is resolved.
Plain English
If you think money owed to you might be paid out before the court finishes its case, you can file this notice to put a ‘hold’ on that payment. The form tells the court and the other side that you are claiming a caveat – a legal pause on the payment.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Urgent payment freeze needed | Form No. 15 – Notice of Garnishee | Garnishee orders target wages or bank accounts, not a single payment | Verify if a garnishee is appropriate before using No. 16 |
| Broad injunction required | Form No. 12 – Application for Injunction | Injunction covers wider conduct, not just a payment | Use No. 12 when you need to stop actions beyond a single payment |
| Appeal of a judgment | Form No. 30 – Notice of Appeal | Different process, focuses on overturning the decision | File No. 30 only after judgment is final |
There is no fixed statutory deadline, but the notice must be filed before the payment is made or within any deadline set by the presiding judge.
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The form is currently the latest version issued by the Courts Service and remains in active use. No recent amendments have been announced as of 2024.
Agency: Courts Service of Ireland
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Part II : Miscellaneous: No. 16 Notice or Praecipe for Caveat Against Payment
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6 things to watch for
Mixing up ‘caveat against payment’ with a ‘caveat against registration’.
Submitting the form to the wrong court (e.g., District vs. Circuit).
Leaving the amount field blank or using an approximate figure.
Failing to attach the judgment or invoice that justifies the caveat.
Assuming the notice will automatically stop all payments from the debtor.
Not obtaining a receipt, making it hard to prove filing date.
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