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This form is a sworn statement from a creditor proving the amount of debt owed in Irish court proceedings. It's used when a creditor needs to formally declare and verify a debt during insolvency or bankruptcy cases.
Plain English
If someone owes you money and they're going through bankruptcy or insolvency proceedings in Ireland, you need to formally tell the court how much they owe you. This affidavit is your official way of telling the court the exact amount of the debt and providing evidence to support your claim.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Bankruptcy petition | No.1 Petition for Bankruptcy | Initiates bankruptcy process | Check if you're the creditor starting proceedings |
| Statement of affairs | No.6 Statement of Affairs | Debtor's financial position | Verify if debtor has already filed this |
| Proof of debt form | Form No.35 (alternative) | Alternative creditor claim | Confirm which version the court accepts |
| Creditor's committee nomination | Form No.38 | Representation of creditors | Check if you need to join creditor committee |
| Insolvency application | Form No.8 | Application for insolvency orders | Verify if this is the appropriate proceeding |
Submission deadlines are typically set by the court when the insolvency proceedings begin, usually within 21 days of notification, but always confirm the specific deadline in your court documents.
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Form No.35 is the current version used by the Courts Service of Ireland for creditor affidavits in insolvency proceedings. No recent changes have been officially reported, but always verify with the Courts Service website before filing.
Agency: Courts Service of Ireland
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No.35 Affidavit of Creditor in Proof of Debt
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8 things to watch for
Confusing affidavit with regular debt collection letters
Uncertainty about what constitutes valid supporting evidence
Misunderstanding the difference between secured and unsecured debt claims
Confusion about proper witnessing requirements
Difficulty determining which court has jurisdiction
Uncertainty about claim priority in insolvency proceedings
Mistaking this form for a debt enforcement procedure
Confusion about whether legal representation is required
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