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No.12 Affidavit of Debt

Form No.12 Affidavit of Debt is a sworn statement used in the Courts Service of Ireland to assert that a specific amount of money is owed by another party. It is typically filed in civil proceedings where a creditor seeks a judgment for payment.

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Form Overview

No.12 Affidavit of Debt

Form No.12 Affidavit of Debt is a sworn statement used in the Courts Service of Ireland to assert that a specific amount of money is owed by another party. It is typically filed in civil proceedings where a creditor seeks a judgment for payment.

It records the creditor’s details, the debtor’s details, the amount owed, the basis of the debt and any supporting documents.

Risk Radar

  • The most common mistake is forgetting to have the affidavit sworn before a commissioner for oaths.
  • Incorrect debtor name or address
  • Leaving the amount owed blank or mis‑typed
  • Failing to attach supporting documents
  • Not having the affidavit sworn before a commissioner

Plain English

Think of this as a written, notarised claim that someone owes you money. You fill it out, sign it in front of a commissioner for oaths, and lodge it with the court to start or support a debt recovery case.

Submission Date

  • There is no fixed statutory deadline, but filing promptly avoids limitation periods (typically 6 years for contractual debts) and prevents the debtor from raising a defence of delay.
  • 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 need a sworn statement of a specific monetary claim.
  • To support a summons for debt recovery in civil court.
  • When the court specifically requests an Affidavit of Debt.
  • Instead of a simple letter of demand, when legal enforcement is required.
  • For both personal and corporate creditors.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Small claim under €2,000Form No.5 (Claim Form)Simpler, no affidavit neededVerify claim amount before choosing
Bankruptcy petitionForm No.21 (Bankruptcy Petition)Whole‑person insolvency, not just a single debtUse only if you intend to file for bankruptcy
Statutory demand not honouredForm No.15 (Statutory Demand)Pre‑court pressure toolOnly if debt is undisputed and over €2,000

Deadline or filing window

There is no fixed statutory deadline, but filing promptly avoids limitation periods (typically 6 years for contractual debts) and prevents the debtor from raising a defence of delay.

Before you submit

  • Creditor and debtor details are complete and accurate.
  • Amount owed is clearly stated and matches attached invoices.
  • All supporting documents are attached and labelled.
  • Form is signed and sworn before a commissioner for oaths.
  • Commissioner’s signature, stamp and date are present.
  • Correct number of copies prepared.
  • Cover letter (if required) includes case reference.
  • Submission method (in‑person, post, online) matches court requirements.
  • Receipt or acknowledgment obtained after filing.

How to file this form

  1. 1Download the latest Form No.12 from courts.ie.
  2. 2Complete the form in black ink, legibly.
  3. 3Gather invoices, contracts, and any other proof of debt.
  4. 4Visit a commissioner for oaths to sign and have the form sworn.
  5. 5Make a duplicate copy for your records.
  6. 6Deliver the original to the appropriate court registry.
  7. 7Obtain and retain the filing receipt or electronic confirmation.

Known limitations

  • Only suitable for civil debt claims; not for tax or social welfare debts.
  • Does not itself enforce payment – a judgment or order is still required.
  • Must be filed in the court with jurisdiction over the debtor’s address.
  • Not accepted if the amount exceeds the court’s monetary limit without additional documentation.

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Current Form Status

Form No.12 Affidavit of Debt is currently the latest version (as of 2024). No recent amendments have been announced, but always verify the version on the Courts Service site before filing.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the form header for the latest revision date.
  • Confirm the required number of copies (usually 2 originals).
  • Verify that the signature line includes space for the commissioner’s stamp.
  • Ensure any referenced schedule (e.g., Schedule of Debt) matches the current template.

Quick Facts

Creditors – individuals, businesses or public bodies – who want a court to recognise a debt and order payment.
It records the creditor’s details, the debtor’s details, the amount owed, the basis of the debt and any supporting documents.
File it as soon as you decide to pursue legal recovery, usually before issuing a summons or when the court asks for a sworn statement of debt.
Submit the completed form to the relevant District Court or Circuit Court registry, either in person, by post, or via the Courts Service’s online filing portal if you have a digital certificate.
A correct affidavit helps the court assess the claim quickly; errors or missing information can delay judgment or lead to the affidavit being rejected.
1. Download Form No.12 from the Courts Service website. 2. Fill in all sections legibly; attach invoices, contracts or other proof. 3. Have the form signed and sworn before a commissioner for oaths. 4. Make copies for your records. 5. Submit the original to the court registry and keep the receipt.

Form Details

Agency
Courts Service of Ireland
Revision Date
28/01/26

No.12 Affidavit of Debt

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After you file

  • Track the filing receipt number and case reference.
  • Monitor court communications for a hearing date or further directions.
  • Prepare for possible mediation or settlement discussions.
  • If a judgment is granted, arrange for enforcement (e.g., writ of execution).
  • Update your records with the court’s decision and any payment schedules.

Source and verification log

  • Form title and number from Courts Service of Ireland website.
  • General purpose inferred from form name "Affidavit of Debt".
  • Submission methods based on typical Courts Service filing channels.
  • Statute of limitations reference based on Irish civil law (6 years).
  • Not confirmed in official source: exact number of copies required.
  • Not confirmed in official source: specific online portal URL.

Common confusion points

6 things to watch for

  • 1

    Mixing up Form No.12 with Form No.5 (general claim form).

  • 2

    Leaving the affidavit unsigned or not sworn.

  • 3

    Submitting to the wrong court level (District vs Circuit).

  • 4

    Failing to attach the original invoices, leading to a request for further evidence.

  • 5

    Using the form for tax debts, which require Revenue forms.

  • 6

    Not noting the correct statute of limitations for the debt.

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