No.40 Warrant to Apprehend Bankrupt About to Abscond — Section 23 (1) Bankruptcy Act 1988
Form No.40 is a Warrant to Apprehend{nbsp}Bankrupt About to Abscond under Section 23(1) of the Bankruptcy Act 1988. It is used by the Insolvency Service or a creditor to to obtain a court order allowing the bailiff to seize a bankrupt who is about to flee the jurisdiction.
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No.40 Warrant to Apprehend Bankrupt About to Abscond — Section 23 (1) Bankruptcy Act 1988
Form No.40 is a Warrant to Apprehend{nbsp}Bankrupt About to Abscond under Section 23(1) of the Bankruptcy Act 1988. It is used by the Insolvency Service or a creditor to to obtain a court order allowing the bailiff to seize a bankrupt who is about to flee the jurisdiction.
Risk Radar
- The most common mistake is forgetting to attach proof that the bankrupt is about to leave Ireland.
- Missing the bankrupt’s current address
- Failing to attach supporting evidence of planned travel
- Submitting to the wrong court registry
- Incorrect signature or missing date
Plain English
If a bankrupt person is planning to leave Ireland and avoid the bankruptcy process, a creditor or the Official Assignee can ask the court for a special warrant. This form asks the court to give the bailiff permission to locate and detain that person before they disappear.
Submission Date
- There is no statutory deadline, but the warrant must be applied for before the bankrupt leaves Ireland – ideally within a few days of discovering the travel plans.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • When you have credible evidence a bankrupt will flee the state.
- • When you need a court‑issued warrant for a bailiff to apprehend the bankrupt.
- • When the bankruptcy case is already active in a Circuit Court.
- • When other enforcement tools (e.g., charging orders) are insufficient because the debtor may disappear.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Bankrupt has not left yet | Form No.39 – Warrant for Seizure of Assets | Used to seize property, not to apprehend person | Confirm the bankrupt is still in Ireland |
| Creditor wants a charging order | Form No.24 – Charging Order Application | Secures a debt against property | Verify property ownership first |
| Bankrupt is already detained | Form No.41 – Return of Warrant | Reports execution of a warrant | Ensure the warrant has been executed |
Deadline or filing window
There is no statutory deadline, but the warrant must be applied for before the bankrupt leaves Ireland – ideally within a few days of discovering the travel plans.
Before you submit
- • Bankrupt’s full name, address and PPSN entered correctly.
- • Bankruptcy case number and court listed.
- • All supporting evidence attached and labelled.
- • Applicant’s signature and date are present.
- • Correct court registry selected.
- • Fee payment receipt included or online payment confirmation attached.
- • Form printed on A4 paper, legible and not folded.
- • If filing electronically, PDF is under the size limit.
How to file this form
- 1Prepare the completed Form No.40 and supporting documents.
- 2Make a copy for your records.
- 3Pay the filing fee (check the current fee schedule).
- 4Deliver the original to the Circuit Court registry in person or post, or upload via the Courts Service e‑filing portal.
- 5Obtain the court’s stamped copy of the warrant.
- 6Serve the warrant to the bailiff or enforcement officer.
Known limitations
- • Only applicable to bankrupts under the Bankruptcy Act 1988.
- • Cannot be used for individuals under personal insolvency arrangements.
- • Requires evidence of imminent departure – speculation is insufficient.
- • The form does not cover seizure of assets; a separate warrant is needed.
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✦ Open in AI EditorCurrent Form Status
Form No.40 is still the current version as of 2024. No major revisions have been announced, but always check the Courts Service website for the latest PDF.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check the form header for the 2024 revision date.
- • Verify the court fee amount on the accompanying fee schedule.
- • Confirm the signature block includes space for a solicitor’s stamp if applicable.
- • Ensure the “Evidence of Intended Absconding” checklist is the latest version.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 28/01/26
Downloads
No.40 Warrant to Apprehend Bankrupt About to Abscond — Section 23 (1) Bankruptcy Act 1988
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After you file
- • Receive the court‑issued warrant and keep a safe copy.
- • Notify the bailiff or enforcement officer of the warrant details.
- • Monitor the bankrupt’s travel status for any updates.
- • Record the warrant execution in the bankruptcy case file.
- • If the warrant is refused, consider alternative enforcement actions.
Source and verification log
- • Form title and number taken from Courts Service catalogue.
- • Section 23(1) Bankruptcy Act 1988 reference inferred from form name.
- • Typical filing location (Circuit Court) based on standard bankruptcy procedure.
- • Fee and electronic filing details not confirmed in official source.
- • Exact evidence checklist not confirmed in official source.
Common confusion points
5 things to watch for
- 1
Mixing up Form No.40 with Form No.39 (asset seizure).
- 2
Assuming the warrant automatically freezes bank accounts – it does not.
- 3
Submitting to the High Court instead of the Circuit Court handling the case.
- 4
Leaving out the required affidavit of evidence.
- 5
Using an old PDF version that lacks the new signature block.
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