Expertise > Civil Law > Debt Recovery

Debt Recovery

The recovery of debts can be either performed out of Court or else through Court proceedings. In Malta, the debt recovery process for the successful collection of pending payments and past-due invoices can more often than not be solved through a judicial letter as per Article 166A of the Code of Organization and Civil Procedure. This procedure can be used in cases where the debt is decisive and clear with respect to amounts not exceeding €23,300.
When dealing with contracts in respect of unlimited debts which are certain, liquidated and due, the application of Article 253 of the Code of Organization and Civil Procedure could also lead to a successful out of Court settlement between the parties.

On the other hand, when dealing with varying amounts or amounts which are not liquidated, the institution of proceedings before the Superior Courts of Malta is inevitable.

Any person or entity who wishes to facilitate the recovery of a debt may issue a Garnishee Order (Mandat ta’ Sekwestru). This is an order by which the creditor, in order to obtain payment of a debt that is owed to him, attaches in the hands of a third party (garnishee), monies or movable property due or belonging to his debtor, by which such third party must subsequently lodge such movables or monies in Court. More often than not, such third party would be a Bank.

Other precautionary and executive warrants such as a Warrant of Seizure (Mandat ta’ Qbid) or a Warrant of Prohibitory Injunction (Mandat ta’ Inibizzjoni) may be utilized for the recovery of debts.

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