No.5 Affidavit for Bankruptcy Summons
Form No.5 Affidavit for Bankruptcy Summons is a sworn statement used in the Irish bankruptcy process. It is filed when a creditor or the Official Assignee seeks a court summons to commence bankruptcy proceedings.
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No.5 Affidavit for Bankruptcy Summons
Form No.5 Affidavit for Bankruptcy Summons is a sworn statement used in the Irish bankruptcy process. It is filed when a creditor or the Official Assignee seeks a court summons to commence bankruptcy proceedings.
Risk Radar
- The most common mistake is forgetting to have the affidavit sworn before a commissioner for oaths.
- Leaving any section blank or illegible
- Failing to have the affidavit sworn correctly
- Omitting supporting court judgments or demand letters
- Submitting the wrong version of the form
Plain English
Think of this as a written oath that tells the court why you want someone declared bankrupt. You sign it in front of a commissioner for oaths and attach any supporting evidence.
Submission Date
- There is no fixed statutory deadline, but the affidavit should be filed before the court hearing date set on the bankruptcy summons, typically within 14 days of receiving the demand or judgment.
- 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 are a creditor seeking to start bankruptcy against a debtor.
- • When a statutory demand has been ignored and you have a court judgment.
- • When you need a formal court summons to enforce bankruptcy.
- • Not for voluntary bankruptcy applications by the debtor themselves.
- • Do not use for winding‑up petitions; separate forms apply.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Debtor wants to declare personal bankruptcy | Form No.6 (Bankruptcy Petition) | Used by the debtor, not a creditor | Verify who is initiating the process |
| Company winding‑up | Form 12 (Company Winding‑up Petition) | Different procedure for companies | Use company‑specific form |
| Statutory demand not complied with but no judgment yet | Form 4 (Statutory Demand) | First step before affidavit | Issue demand before affidavit |
Deadline or filing window
There is no fixed statutory deadline, but the affidavit should be filed before the court hearing date set on the bankruptcy summons, typically within 14 days of receiving the demand or judgment.
Before you submit
- • All fields completed in black ink.
- • Affidavit signed and sworn before a commissioner for oaths.
- • Original judgment or statutory demand attached.
- • Two clear photocopies of the affidavit for the court file.
- • Correct court registry address used.
- • Postage receipt or electronic filing confirmation retained.
- • Signature of creditor or authorised solicitor present.
- • Date of signing is recent (within 30 days).
- • Form version checked for latest revision.
- • Any supporting correspondence referenced in the affidavit is included.
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✦ Open in AI EditorCurrent Form Status
Form No.5 is currently the latest version (as of 2024) and remains in force. No recent amendments have been announced.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Confirm the form header shows 'Form No.5 – Affidavit for Bankruptcy Summons'.
- • Check that the date on the form is 2024 or later.
- • Verify the required number of signature blocks for creditor and commissioner.
- • Ensure the attachment checklist includes judgment and statutory demand.
- • Confirm the filing address matches the District Court jurisdiction.
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- District Court Forms
- Source
- Court Forms ↗
- Revision Date
- 28/01/26
Downloads
No.5 Affidavit for Bankruptcy Summons
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