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