Code of Organization and Civil Procedure (Cap. 12), article 166A

166A. (1) In actions for the recovery of a debt certain, liquidated and due not consisti ng in the performance of an act, and where the amount of the debt does not exceed twenty-five thousa nd euro (€25,000), or such other sum as may be established from ti me to time by Order in the Gazette by the Minister, it shall be la wful for the creditor to proceed in accordance with the following su b- articles of this article: Provided that where the debt i s not liquidated the creditor may proceed in accordance with this article if he limits his de bt to an amount not exceeding twenty-five thousand euro (€25,000) and expressly renounces to any part of his claim that may upon liqu idation exceed the said sum of twenty-five thousand euro (€25,000), or such other sum as may be established from time to time by Order in t he Gazette by the Minister: Provided further that the creditor may only proceed according to this article if the debtor is present in Malta and is not a minor or a person incapacitated according to law or if the debt is not due by a vacant inheritance. T he appointment of curators un der Title XI of Book Third of this C ode shall not apply to proceedi ngs under this article: Cap. 104. Provided further that, without prejudice to the provisions of the Motor Vehicle Insurance (T hird Party Risk) Ordinance , when a debt to which this article applies is covered by an insurance p olicy the insured shall, without prejudice to that stipulated in the insurance policy, within fifteen days from service upon him of the judicial letter made in accordance with this article, give to t he insurer notice in writing of the said judicial letter and of an y particulars of the claim of which he is aware. In default, any executive title obtained in accordance with this article shall have no effect with regard to the insurer. Cap. 79. (2) The creditor shall proceed by filing a judicial letter which shall be drawn up in the form established by legal notice by th e Minister responsible for Justice and the content of which shall be confirmed on oath by the creditor , either before the registrar or legal procurator appointed as Commissioner for Oaths under the Commissioners for Oaths Ordinance , to be served upon the debtor wherein shall be stated clearly, under pain of nullity, the cau se of the claim, the reasons why the claim should be upheld, and a statement of facts in s upport of the claim: Provided that sub-articles (3), (5) and (6) of article 187 of CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 51 this Code may not be availed of to effect the service of the aforesaid judicial letter. (3) The judicial letter shall also on pain of nullity contain an intimation to the debtor that if he does not reply within thirt y days from service upon him of the said judicial letter by presenting a note in the record of the said judicial letter rebutting the cl aim and which note may be signed and presented in court by the debtor himself without the signature of an Advocate or of a Legal Procurator being required, such official letter shall, constitu te an executive title: Provided that: (a) the debtor may in such not e admit the claim in part only and oppose it in other parts, and where the claim is opposed in part only it shall be deemed admitted to the extent that it has not been so opposed; (b) where the debtor shall have opposed a claim or part of a claim which is subsequently upheld, the costs relative to the claim or part thereof opposed and subsequently upheld shall be borne by him; (c) the costs of any claim or p art thereof that is opposed and not subsequently upheld shall always be borne by the creditor; (d) where the debtor has duly opposed the claim, the special procedure contained in this article may not be u s e d a g a i n a g a i n s t t h e d e b t o r a s r e g a r d s t h e s a m e claim contained in the judicial letter served on the debtor; and Cap. 104.(e) where the claim arises under the Motor Vehicle Insurance (Third Party Risk) Ordinance t h e s a i d judicial letter shall unde r pain of nullity be also notified to the authorised insurance which shall have the same rights under this article as though it were the debtor as aforesaid. (4) Where the debtor does not oppose the claim, within thirty days from the notification thereo f to the debtor, or where the debtor only opposes the claim in part within the aforesaid term, the judicial letter shall for the pu rposes of any law in respect of the claim so unopposed or the part therein so unopposed, constitute an executive title as if such judicial letter were included in art icle 253(a). (5) Any executive title obtained according to the provisions of this article in the absence of any opposition on the part of th e debtor shall be rescinded and declared null and void if upon a request by application in the Court of Magistrates (Malta) or in the Court of Magistrates (Gozo), as the case may be, to be filed by the debtor within twenty days from the first service upon him of an y executive warrant or other judicial act based on the said title , the court is satisfied that: (i) the debtor was unaware of the said judi cial letter 52 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE because he was not duly notified; or (ii) the judicial letter did not contain the requirements laid down in sub-articles (1), (2) or (3): Provided that the said application shall be appointed for hearing within two weeks. (6) No opposition other than that specifically provided for in sub-article (5) shall stay the is sue or execution of any execut ive act obtained thereunder or the paying out of the proceeds of any warrant or sale by auction car ried out in pursuance thereof. (7) Notwithstanding the other provisions of this article, where a judicial letter filed in terms of this article is not notifie d upon the debtor within six months from when the said letter is filed, th e procedure provided for in this article shall no longer apply wi thout prejudice to the right of the creditor to file another judicial letter in terms of this article with r espect to the same claim. Registration of Executive Titles obtained pursuant to article 166A. Added by: IX.2004.4.