Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 338
338. (1) The aforementioned demand shall be published in the
Government Gazette and served on the debtor and all known
creditors, including such persons who shall have sued out any
warrant of seizure or garnishee order or impediment of departure,
and such persons as are mentioned in the warrant of seizure which
preceded the judicial sale by auction.
Time for answer.
(2) Any person who may have an interest and the persons so
served shall be allowed the time of twenty days to file an answer
stating in detail the reasons for their opposition and the amounts in
contestation; and where such opposition is based on a claim against
the proceeds of sale an alleged cause of preference, they are to state
the amount of such claim and the basis for the preference. Such
p ers on s s ha l l w i th t he an sw er f i l e al l r e l e v a n t ev i de n c e t o
substantiate their opposition.
Condition which
may be imposed by
court on approval
of set-off.
(3) It shall be lawful for the court, in approving the set-off, to
require the purchaser to give sufficient security to pay into court
the price together with interest, in case it shall be so adjudged.
(4) When the court upholds the demand, any person who may
have an interest to enter suit may within twenty days file an appeal
by application, which appeal shall be appointed and decided within
three months from the date of the decree.
(5) When the Court of Appeal revokes a decision to grant a bid
animo compensandi, it shall remit the judicial proceedings to the
first court.
Competition of
creditors.
Substituted by:
XIV.2006.42.
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.