Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 376

Official PDF on legislation.mt

376. (1) The creditor shall, in the application for the issue of a garnishee order, correctly state the name and surname of the debtor, giving other particulars concerning the debtor as may be ordered by the Minister responsible for justice for the purpose of the identification of the debtor by the garnishee. (2) The order shall: (a) state the name and surname of the debtor and other particulars included in the application for the purpose of identification of the debtor, including, where possible, a legally valid identification document number or the company registration number; (b) state the amount or thing due; (c) state the title under which the creditor sues out execution; (d) enjoin the garnishee not to pay or deliver up to the debtor, or any other person, such moneys or things as may be in his hands but which belong to the debtor, under penalty of payment of damages and interest; and (e) enjoin the garnishee to lodge, at the debtor’s expense within nineteen days from the date of service of the warrant, through the Registrar any moneys or things belonging to the debtor, as attached by the order. (3) The lack of any of these particulars in the garnishee order shall render the said order to be ipso jure null. Mode of executing garnishee order. Amended by: XXIV.1995.175; XIV.2006.60.

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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.