BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 30 Proceedings in relation to a debtor's summons.

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BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 30

Proceedings in relation to a debtor's summons.

30. A debtor's summons may be granted by the Court on a creditor proving to
its satisfaction that a debt of [#200] or upwards is due to him from the
person against whom the summons is sought, and that the creditor has failed to
obtain payment of his debt, after using reasonable efforts to do so. The
summons shall be in the prescribed form. It shall state that in the event of
the debtor failing to pay the sum specified in the summons, or to secure or
compound for the same to the satisfaction of the creditor, such default will
be deemed to be an act of bankruptcy. The summons shall have an endorsement
thereon to the like effect, or such other prescribed endorsement as may be
best calculated to indicate to the debtor the nature of the document served
upon him, and the consequences of inattention to the requisitions therein
made.

Any debtor served with a debtor's summons may apply to the Court, in the
prescribed manner and within the prescribed time, to dismiss such summons, on
the ground that he is not indebted to the creditor serving such summons, or
that he is not indebted to such amount as will justify such creditor in
obtaining a debtor's summons against him; and the Court may dismiss the
summons, with or without costs, if satisfied with the allegations made by the
debtor, or it may, upon such security (if any) being given as the Court may
require for payment to the creditor of the debt alleged by him to be due, and
the costs of establishing such debt, stay all proceedings on the summons for
such time as will be required for the trial of the question relating to such
debt; and such trial shall be had either before the Court or before any other
court of competent jurisdiction.

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Northern Irish Legislation

BANKRUPTCY (IRELAND) AMENDMENT ACT 1872 - SECT 30