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Form 17 – Stay of Execution

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 Overview

Form 17 – Stay of Execution

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.

The form captures details about the original judgment, reasons for requesting the stay, proposed duration of the stay, and any security or guarantees offered.

Risk Radar

  • The most common mistake is waiting too long to file after receiving enforcement notice.
  • Missing the deadline for filing the stay request
  • Providing incomplete or incorrect information about the judgment
  • Failing to demonstrate sufficient grounds for the stay
  • Not providing adequate security or guarantees as requested

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

  • 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.
  • 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

  • Use when you need to temporarily suspend enforcement of a money judgment
  • Use when you need to pause enforcement of a possession order for property
  • Use when planning to appeal the court decision that led to the judgment
  • Use when negotiating alternative payment arrangements with the creditor
  • Use when you need time to gather funds or assets to satisfy the judgment

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
SituationLikely formWhy it mattersCheck before you continue
Appealing the judgment itselfNotice of AppealDifferent process that suspends enforcement automaticallyAppeal deadlines are strict and separate from stay requests
Requesting payment installmentsForm 13 (Instalment Order)Establishes a formal payment plan instead of a temporary pauseCourt must agree to the payment terms
Disputing the judgment amountForm 16 (Notice of Motion to Set Aside)Challenges the validity of the judgment itselfRequires stronger grounds than a simple stay
Enforcement already in progressEmergency Application to CourtRequires urgent court interventionMust demonstrate immediate and irreparable harm

Deadline or filing window

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.

Before you submit

  • Form is fully completed with all required fields filled
  • Court fee has been paid and receipt attached
  • Copy of the original judgment is attached
  • Supporting documents for the stay request are included
  • Form has been served on all other parties involved
  • Personal identification and contact information are current
  • A stamped copy has been retained for your records

How to file this form

  1. 1Obtain the official Form 17 from the Courts Service website or court office
  2. 2Complete all sections with accurate details about the judgment and your reasons
  3. 3Calculate and pay the required court fee
  4. 4Gather supporting documents like evidence of appeal or financial statements
  5. 5File the completed form with the court that issued the original judgment
  6. 6Ensure proper service on all other parties involved in the case
  7. 7Obtain a stamped copy as proof of submission

Known limitations

  • A stay does not cancel the judgment, only delays enforcement
  • Courts may require security or guarantees before granting a stay
  • Some enforcement types like certain tax debts may have limited stay options
  • Automatic stays may apply in some cases without needing to file this form
  • Court discretion in granting stays means approval is not guaranteed

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Current Form Status

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

What changed or needs a fresh check

  • Verify the form number matches Form 17 – Stay of Execution
  • Check that court fees are current and properly calculated
  • Confirm the court address and contact details are up to date
  • Ensure all required sections have been updated with latest legal requirements
  • Check if any additional supporting documents are now required
  • Verify if electronic filing options have changed

Quick Facts

This form should be filed by the judgment debtor (the person who owes money or is required to take action) who needs to delay enforcement of a court order.
The form captures details about the original judgment, reasons for requesting the stay, proposed duration of the stay, and any security or guarantees offered.
Submit this form as soon as you receive notice of enforcement proceedings but before the enforcement action takes place. Timing is critical as enforcement may begin once the deadline passes.
Submit this form to the court that issued the original judgment, either in person at the court office, by post, or through the Courts Service of Ireland's online portal if available.
Submitting correctly matters because an improperly filed stay request may be rejected, allowing immediate enforcement. Errors or delays could result in asset seizure, wage garnishment, or eviction without further notice.
Complete all sections of the form with accurate details about the judgment and your reasons for requesting the stay. Attach any supporting documents like evidence of appeal or financial statements. File with the court and ensure you receive a stamped copy as proof of submission.

Form Details

Agency
Courts Service of Ireland
Revision Date
02/08/25

Form 17 – Stay of Execution

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After you file

  • Monitor court communications for any hearing dates
  • Prepare to attend any required court hearings
  • Maintain records of all communications with the court
  • Continue making payments if part of a negotiated arrangement
  • Follow up with the court if you haven't received a response within the expected timeframe
  • Update your contact information with the court if it changes

Source and verification log

  • Form issued by Courts Service of Ireland
  • Form number: Form 17 – Stay of Execution
  • Purpose: Request to temporarily suspend enforcement of court judgments
  • Filed by: Judgment debtor (person required to pay or take action)
  • Filed with: Court that issued the original judgment
  • Not confirmed in official source: Current court fees
  • Not confirmed in official source: Specific processing times
  • Not confirmed in official source: Electronic filing availability

Common confusion points

8 things to watch for

  • 1

    Confusing a stay of execution with an appeal of the judgment itself

  • 2

    Assuming all enforcement actions can be stayed automatically

  • 3

    Not understanding that the stay is temporary, not permanent

  • 4

    Failing to provide adequate financial information to support the request

  • 5

    Missing the distinction between staying enforcement and varying the judgment terms

  • 6

    Not realizing that some enforcement types have specific procedures for stays

  • 7

    Assuming no court hearing is required for a stay request

  • 8

    Confusing the stay application process with an application to set aside the judgment

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