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57.1  Summons For Attendance Of Maintenance Debtor - Enforcement Of Court Orders Act 1940, Section 8 (As Amended By Civil Law (Miscellaneous Provisions) Act 2011, Section 63)

This form is a legal summons issued by the Courts Service of Ireland to compel a maintenance debtor to attend court regarding non-payment of maintenance orders. It is used when a person fails to comply with a court-ordered maintenance payment.

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Form Overview

57.1  Summons For Attendance Of Maintenance Debtor - Enforcement Of Court Orders Act 1940, Section 8 (As Amended By Civil Law (Miscellaneous Provisions) Act 2011, Section 63)

This form is a legal summons issued by the Courts Service of Ireland to compel a maintenance debtor to attend court regarding non-payment of maintenance orders. It is used when a person fails to comply with a court-ordered maintenance payment.

This form captures details about the maintenance debtor, the original court order, the amount owed, and requests the debtor's attendance at court to explain non-compliance.

Risk Radar

  • Always verify the debtor's current address before filing to ensure proper service.
  • Incomplete debtor information may prevent proper service
  • Missing documentation of non-payment weakens the case
  • Incorrect court location could cause delays
  • Insufficient notice to the debtor may invalidate the summons

Plain English

This document is an official notice telling someone who owes maintenance payments that they must come to court. It's used when someone isn't paying what they've been ordered to pay for child support, spousal support, or other maintenance obligations.

Submission Date

  • There is no specific deadline for filing this form, but it should be submitted as soon as possible after establishing that the maintenance debtor is not complying with the court order to maximize the chances of enforcement.
  • 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

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What this form is for

  • Use when a maintenance debtor has failed to make court-ordered payments
  • Use when previous attempts to collect payments have failed
  • Use when you need the court to compel the debtor to appear
  • Use for maintenance orders issued under Irish law
  • Not for enforcement of maintenance orders from other countries

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Maintenance debtor has moved abroadForm 57.2International enforcement requires different proceduresCheck if the maintenance order has been registered for enforcement abroad
Maintenance debtor has employment incomeForm 57.3Income attachment requires specific documentationVerify employment details before proceeding
Maintenance debtor owns propertyForm 57.4Property attachment requires different proceduresCheck property ownership details with the Land Registry
Maintenance debtor is self-employedForm 57.5Self-employed income enforcement requires different documentationPrepare recent financial statements

Deadline or filing window

There is no specific deadline for filing this form, but it should be submitted as soon as possible after establishing that the maintenance debtor is not complying with the court order to maximize the chances of enforcement.

Before you submit

  • Verify debtor's current address and contact information
  • Collect evidence of all missed maintenance payments
  • Confirm the original court order details
  • Prepare documentation of previous enforcement attempts
  • Check court fees and payment methods
  • Ensure proper procedures for serving the summons

How to file this form

  1. 1Obtain the official Form 57.1 from the Courts Service website or court office
  2. 2Complete all sections with accurate debtor and order information
  3. 3Attach evidence of non-payment and previous enforcement attempts
  4. 4Submit to the appropriate District Court office
  5. 5Ensure proper service of the summons to the debtor
  6. 6Attend the court hearing as scheduled

Known limitations

  • This form only applies to maintenance orders issued by Irish courts
  • It does not apply to child support arrangements managed by the Child Maintenance Service
  • The court may not grant enforcement if the debtor can prove inability to pay
  • Enforcement actions may be limited if the debtor has no identifiable assets
  • The form does not apply to maintenance orders from other jurisdictions

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Current Form Status

This form is current as of the last amendments mentioned in 2011, but users should verify with the Courts Service for any recent updates.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify if the Civil Law (Miscellaneous Provisions) Act 2011 amendments affect your case
  • Check if any recent court rules have changed enforcement procedures
  • Confirm if the form number has changed since the last update
  • Verify if new documentation requirements have been added
  • Check if service procedures have been modified

Quick Facts

The plaintiff or person receiving maintenance payments needs to file this form when the maintenance debtor fails to comply with the court order for payment.
This form captures details about the maintenance debtor, the original court order, the amount owed, and requests the debtor's attendance at court to explain non-compliance.
This form should be submitted when a maintenance debtor has failed to make payments as ordered by the court, typically after multiple missed payments or attempts to resolve the issue directly.
The form should be submitted to the appropriate District Court office where the original maintenance order was made, either in person or by post.
Submitting this form correctly ensures the court can enforce the maintenance order and may result in penalties for the non-paying party, while errors could delay enforcement and allow the debtor more time to avoid payment.
Complete the form with the debtor's details, the original court order number, and the amount owed. Attach evidence of non-payment if available. Submit to the relevant court office and ensure the debtor receives proper notice of the summons.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

57.1  Summons For Attendance Of Maintenance Debtor - Enforcement Of Court Orders Act 1940, Section 8 (As Amended By Civil Law (Miscellaneous Provisions) Act 2011, Section 63)

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After you file

  • Keep a copy of the submitted form for your records
  • Monitor court dates and attend all required hearings
  • Follow up with the court if you haven't received confirmation
  • Document any payments received after filing
  • Be prepared to provide additional evidence at the hearing

Source and verification log

  • Form issued by Courts Service of Ireland
  • Based on Enforcement Of Court Orders Act 1940, Section 8
  • Amended by Civil Law (Miscellaneous Provisions) Act 2011, Section 63
  • Form number 57.1 as provided
  • Purpose is to compel attendance of maintenance debtors
  • Used when maintenance payments are not being made as ordered
  • Not confirmed in official source: specific submission procedures
  • Not confirmed in official source: current court fees

Common confusion points

6 things to watch for

  • 1

    Confusing this form with application forms for new maintenance orders

  • 2

    Not understanding that this is for enforcement of existing orders, not new ones

  • 3

    Mistaking this form for applications to vary existing maintenance orders

  • 4

    Uncertainty about which court office to submit the form to

  • 5

    Not knowing the difference between this summons and other enforcement documents

  • 6

    Confusion about required evidence of non-payment

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