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Part 2 - Orders: No.16 Order for Arrest under the Debtors Act (Ireland) 1872, Section 7

Form Part 2 – Orders No.16 is an Order for Arrest under the Debtors Act (Ireland) 1872, Section 7. It is used by a court to authorise the arrest of a debtor who has failed to comply with a judgment or decree.

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Form Overview

Part 2 - Orders: No.16 Order for Arrest under the Debtors Act (Ireland) 1872, Section 7

Form Part 2 – Orders No.16 is an Order for Arrest under the Debtors Act (Ireland) 1872, Section 7. It is used by a court to authorise the arrest of a debtor who has failed to comply with a judgment or decree.

The form records the judgment details, the amount owed, the debtor’s name and address, and the specific request for an arrest order.

Risk Radar

  • The most common mistake is omitting the exact judgment reference number.
  • Incorrect debtor address prevents service
  • Wrong judgment reference leads to rejection
  • Missing supporting documents delays issuance
  • Failure to pay the filing fee results in non‑processing

Plain English

If a court has already ordered you to pay a debt and you still haven’t, the creditor can ask the court for an arrest order. This form is the official paperwork that lets a bailiff or sheriff take the debtor into custody until the debt is settled.

Submission Date

  • There is no statutory deadline, but the order should be filed promptly after the debtor’s default to avoid further delay and additional costs.
  • 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

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What this form is for

  • When you have a final judgment and the debtor has not paid after a charging order.
  • If you have already obtained a writ of execution but need the debtor physically detained.
  • When the debtor’s assets are hidden and arrest is the only practical enforcement route.
  • To compel payment before further court action, such as bankruptcy proceedings.
  • Only for debts enforceable under the Debtors Act 1872, Section 7.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Debtor still has assets to seizeForm No.15 – Writ of ExecutionAllows seizure of goods instead of arrestVerify asset availability first
Creditor wants a charging order on landForm No.12 – Charging OrderSecures debt against propertyUse when real estate is involved
Bankruptcy petition neededForm B1 – Bankruptcy PetitionDischarges all debts through bankruptcyConsider only if debt is uncollectible

Deadline or filing window

There is no statutory deadline, but the order should be filed promptly after the debtor’s default to avoid further delay and additional costs.

Before you submit

  • Judgment copy attached
  • Debtor’s full name and correct address entered
  • Exact judgment reference number entered
  • All previous enforcement notices listed
  • Filing fee paid or evidence of payment attached
  • Form signed and dated by creditor or solicitor
  • Correct court registry selected
  • Supporting affidavits (if required) included
  • Copies made for creditor’s records

How to file this form

  1. 1Collect judgment and enforcement documentation.
  2. 2Complete the Order for Arrest form with accurate details.
  3. 3Attach all required supporting documents.
  4. 4Pay the applicable filing fee.
  5. 5Submit the package to the appropriate court registry (in person, post, or e‑filing).
  6. 6Obtain the court’s receipt and reference number.
  7. 7Notify the debtor of the arrest order, if required by the court.

Known limitations

  • Only applicable to debts enforceable under the Debtors Act 1872, Section 7.
  • Cannot be used for tax debts or fines covered by separate legislation.
  • Requires a final, enforceable judgment; interlocutory orders are insufficient.
  • The form does not itself seize assets; a separate writ is needed for that.

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Current Form Status

The form is currently the 2023 version and remains valid. No major revisions have been announced since its last update.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the 2023 revision date.
  • Confirm the court registry field matches the court that issued the original judgment.
  • Verify the fee amount listed on the form is current (refer to the Courts Service fee schedule).
  • Ensure the signature block includes space for both creditor and solicitor, if applicable.

Quick Facts

A creditor or their solicitor who holds a judgment against a debtor files this form.
The form records the judgment details, the amount owed, the debtor’s name and address, and the specific request for an arrest order.
It is filed after a judgment has become final and the debtor has ignored enforcement notices or a charging order.
Submit the completed form to the District Court or Circuit Court registry that issued the original judgment, either in person, by post, or via the Courts Service e-filing portal where available.
Accurate filing ensures the court can issue a valid arrest order; mistakes can cause delays, extra costs, or the order being refused.
1. Gather the judgment copy, debtor’s details and any previous enforcement notices. 2. Fill in the order form, entering the judgment reference, amount owed and reason for arrest. 3. Attach supporting documents (judgment, notice of default). 4. Sign and date the form. 5. Deliver it to the court registry or upload through the e‑filing system and pay any filing fee.

Form Details

Agency
Courts Service of Ireland
Revision Date
22/01/26

Part 2 - Orders: No.16 Order for Arrest under the Debtors Act (Ireland) 1872, Section 7

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After you file

  • Keep the court receipt and reference number safe.
  • Monitor the court’s docket for the order’s issuance date.
  • Arrange for a bailiff or sheriff to execute the arrest when the order is signed.
  • Record any payments received after the arrest.
  • Inform the court if the debtor is located and pays the debt before execution.

Common confusion points

2 things to watch for

  • 1

    Mixing up Form No.16 (arrest) with Form No.15 (execution).

  • 2

    Leaving the debtor’s address incomplete, causing service failure{ccc

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