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Official form guide

Form Part II : Miscellaneous: No. 4  Affidavit to Lead to Warrant in a Cause of Restraint

The Affidavit to Lead to Warrant in a Cause of Restraint is a Courts Service of Ireland form used to request a warrant when a restraint (e.g., seizure of assets) is needed. It is filed as part of civil enforcement proceedings.

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Form Overview

Courts Service of Ireland - Form Part II : Miscellaneous: No. 4  Affidavit to Lead to Warrant in a Cause of Restraint

The Affidavit to Lead to Warrant in a Cause of Restraint is a Courts Service of Ireland form used to request a warrant when a restraint (e.g., seizure of assets) is needed. It is filed as part of civil enforcement proceedings.

The form records the details of the restraint, the assets involved, the legal basis for the warrant, and an oath that the information is true.

Risk Radar

Scan points
  • 1The most common{error} is forgetting: .
  • 2Missing the sworn oath signature
  • 3Incorrect or incomplete asset description
  • 4Submitting to the wrong court registry
  • 5Failing to attach the original restraint order

Plain English

If you need the court to issue a warrant so that a restraint can be enforced – for example, to seize property or freeze bank accounts – you complete this affidavit. It tells the judge why the warrant is necessary and what you intend to restrain.

Submission Date

  • Filing date: There is no fixed statutory deadline, but the warrant must be applied for before any risk of the restrained assets being disposed of or moved.
  • 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 you already have a court order for restraint and need a warrant to enforce it.
  • If the assets to be restrained are movable (e.g., vehicles, equipment).
  • When the court has specifically ordered a warrant in the proceedings.
  • For enforcement against a debtor who has not complied with a judgment.
  • Instead of filing a separate application for a writ of execution.

Form selector

Use this form or another form?

No court order yet

You need the initial order first

✓ Verify you have a signed order before using this affidavit

Application for Restraint Order

Seizing immovable property

Writs cover land and buildings

✓ Use Form 5 for real estate

Form 5 – Application for Writ of Execution

Bank account freeze

Different enforcement route

✓ Confirm the bank is the correct respondent

Form 6 – Application for Attachment of Earnings

Deadline or filing window

There is no fixed statutory deadline, but the warrant must be applied for before any risk of the restrained assets being disposed of or moved.

Before you submit

  1. 1All fields completed in full.
  2. 2Affidavit sworn before an authorized official.
  3. 3Original court order for restraint attached.
  4. 4Correct court registry name and address.
  5. 5Signature of the applicant or their solicitor.
  6. 6Date of filing clearly indicated.
  7. 7Copy of the affidavit retained for your records.
  8. 8Proof of postage or receipt from the court.
  9. 9If filing electronically, confirm upload confirmation email.

How to file this form

  1. 1Obtain the latest form from courts.ie or the court office.
  2. 2Complete the form with accurate details of the restraint.
  3. 3Swear the affidavit before a Commissioner for Oaths or solicitor.
  4. 4Attach the original restraint order and any supporting documents.
  5. 5Deliver the original to the appropriate court registry in person or by post.
  6. 6Keep a copy and receipt for your records.

Known limitations

  1. 1Only applicable where a prior restraint order exists.
  2. 2Does not cover enforcement of immovable property.
  3. 3May not be accepted for electronic filing in all courts.
  4. 4Requires a sworn oath; unsigned affidavits are rejected.
  5. 5Limited to civil enforcement cases; criminal matters use different forms.

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

The form is currently valid for use in 2024‑2025 civil enforcement cases. No major revisions have been announced recently.

What changed or needs a fresh check

  • Check that the form header shows the latest year (2024).
  • Confirm the court registry address matches the current location.
  • Ensure the oath wording matches the latest Commissioner for Oaths template.
  • Verify any referenced statutes are up‑to‑date.
  • Review the attachment checklist for any new required documents.

Quick Facts

Usually a bailiff, solicitor, or a party to the civil case who is seeking enforcement files this form.
The form records the details of the restraint, the assets involved, the legal basis for the warrant, and an oath that the information is true.
File the affidavit as soon as you have a court order for restraint and before you attempt to enforce it; there is no fixed statutory deadline but delays can jeopardise enforcement.
Submit the completed form to the relevant District Court or Circuit Court registry in person or by post. Some courts now accept electronic filing through the Courts Service portal.
Accurate, timely filing ensures the warrant is granted and avoids dismissal, which could allow the restrained assets to be moved or hidden.
1. Download the form from the Courts Service website or collect a paper copy at the court. 2. Fill in all sections, using clear, legible handwriting or typed text. 3. Swear the affidavit before a Commissioner for Oaths or solicitor. 4. Attach the original court order for restraint. 5. Submit the original affidavit and a copy to the court registry, keeping a receipt.

Form Details

Revision date
26/01/26

Downloads & source

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Sources

  • SRCForm title and number from Courts Service of Ireland listings.
  • SRCGeneral purpose inferred from name "Affidavit to Lead to Warrant in a Cause of Restraint".
  • SRCSubmission methods based on typical Courts Service filing practices.
  • SRCNot confirmed in official source for electronic filing availability.
  • SRCNot confirmed in official source for exact deadline requirements.

Common confusion points

Mixing up this affidavit with the initial application for a restraint order.

Submitting to the wrong district or circuit court.

Leaving the oath section unsigned or not before an authorized official.

Failing to attach the original court order, causing the application to be returned.

Using a printed form with outdated headers or layout.

Assuming electronic filing is available in all jurisdictions.

Not providing a clear description of the assets to be restrained.

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