Form 17 – Stay of Execution is a legal form used to request a temporary suspension of enforcement actions on a court judgment in Ireland. This form is typically used when a party needs time to appeal a decision or negotiate alternative arrangements before enforcement proceedings continue.
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Form 17 – Stay of Execution is a legal form used to request a temporary suspension of enforcement actions on a court judgment in Ireland. This form is typically used when a party needs time to appeal a decision or negotiate alternative arrangements before enforcement proceedings continue.
Plain English
A stay of execution is like pressing pause on a court order that requires you to do something or pay money. If you've been ordered to pay a debt or vacate a property but need more time, this form asks the court to freeze enforcement actions temporarily.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Situation | Likely form | Why it matters | Check before you continue |
| Appealing the judgment itself | Notice of Appeal | Different process that suspends enforcement automatically | Appeal deadlines are strict and separate from stay requests |
| Requesting payment installments | Form 13 (Instalment Order) | Establishes a formal payment plan instead of a temporary pause | Court must agree to the payment terms |
| Disputing the judgment amount | Form 16 (Notice of Motion to Set Aside) | Challenges the validity of the judgment itself | Requires stronger grounds than a simple stay |
| Enforcement already in progress | Emergency Application to Court | Requires urgent court intervention | Must demonstrate immediate and irreparable harm |
File this form as soon as possible after receiving notice of enforcement but before the enforcement action commences. There is no statutory deadline, but courts typically require at least 7-10 days notice before scheduled enforcement dates.
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Form 17 is the current standard form for stay of execution requests in Ireland, though specific procedures may vary by court circuit. Always verify the latest version on the Courts Service website before filing.
Agency: Courts Service of Ireland
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Form 17 – Stay of Execution
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8 things to watch for
Confusing a stay of execution with an appeal of the judgment itself
Assuming all enforcement actions can be stayed automatically
Not understanding that the stay is temporary, not permanent
Failing to provide adequate financial information to support the request
Missing the distinction between staying enforcement and varying the judgment terms
Not realizing that some enforcement types have specific procedures for stays
Assuming no court hearing is required for a stay request
Confusing the stay application process with an application to set aside the judgment
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