Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 282
282. The warrant for the seizure of movable property shall,
besides the particulars stated i n article 274, contain Court or ders
about:
(a) (i) the appointment of the day, place and time for
the judicial sale by auction and the subsequent
seizure and removal thereupon of all such
articles from the place which has been indicated
by the creditor or from the person of the debtor;
or
(ii) the seizure from the place indicated by the
creditor, including from the person of the debtor,
of any such article which the debtor may possess
or such article or articles as may be mentioned in
the warrant; and also that after the execution of
the warrant, the court executing officer shall be
ordered to fix, together with the advocate or the
legal procurator of the creditor, the day when the
judicial sale by auction is to be held in
consultation with the executing officer
responsible therefor, and such executing officer
shall also fix with the creditor the date, which
shall at least be seven days prior to the date of
the judicial sale by auction, when the removal of
the articles which the executing creditor selects
to have removed shall take place;
(b) the execution of the warrant, if so required, after legal
hours or on a Sunday or public holiday, and if after
t w o a t t e m p t s t o e x e c u t e t h e w a r r a n t t h e c o u r t
executing officer fails to effect such execution, he
shall be authorised to force open the place;
(c) the transport of the property seized and to be removed
to the storage places indi cated by the consignee, and
about the transfer of their possession from the debtor
to the consignee;
(d) the appointment of a consignee and the taxing and
receipt of payment due to the consignee by the creditor
for such period during which the articles seized and to
be removed would be under the care of the consignee,
s o h o w e v e r t h a t s u c h p a y m e n t m a y b e d i v i d e d i n
proportion to the periods established by the Registrar
depending on the nature of the articles seized and to be
removed. Such payment is made subject to the right of
regress against the debtor when such right exists;
(e) the appointment of experts to make a valuation of the
property seized, if so required by law, either in special
circumstances which the court may deem appropriate,
o r o n t h e d e m a n d o f a n y i n t e r e s t e d p a r t y o r o f t h e
debtor;
Cap. 342.
(f) the appointment of an auctioneer who shall receive a
fee in terms of the Auctioneers Act , if so required by
law;
(g) an order for the judicial sale by auction of such articles
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 93
as are seized and to be removed on the appointed day
in terms of regulations to be made by the Minister
responsible for justice, without further service of any
notice to the debtor.
Description of
property seized.
Added by:
XIV .2006.14.
Amended by:
XII.2009.23.
283.(1)( a)The court executing officer shall attach to the said
warrant a detailed descripti on of the property seized.
(b) The creditor or the debtor or any interested party may
demand the court executing officer to take any
photograph or filmshot of the detained articles either
by electronic or by any other means at the expense of
the party making the demand.
Contents of
certificate in case
of unsuccessful
execution.
(2) If the court executing officer finds no movable property, or
finds only such property as is not liable to seizure, he shall make a
certificate to that effect, stating therein the nature of the m ovable
property, if any, not liable to seizure, and he shall attach su ch
certificate to the warrant.
Payment of the
amount due.
Added by:
XIV .2006.14.
Amended by:
XII.2009.23.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.