Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 378
378. A garnishee who, although being in possession of moneys
or other articles, belonging to the debtor, or which are due to the
debtor, which may have been attached by means of the order, and
who does not effect the deposit referred to in article 376 with in
such time as may be la id down in the order, shall be responsibl e for
ensuing damages and interest in favour of the creditor and the court
may, upon application being made for that purpose by the credit or,
issue such orders as may be re quired, including his personal ar rest
for a period not exceeding three months, in order to force him to
lodge such property:
Provided that where the garnishee is a Bank, that Bank
shall declare what fixed depos its or other bank books are in it s
possession, the property of the debtor, without having to depos it
them; however the person responsible for the Bank’s management
shall always remain responsible i n accordance with the provisio ns
of this article.
Garnishee may be
enjoined to
deposit.
Amended by:
XV .1913.92;
XXIV .1995.177.
Substituted by:
XIV .2006.62.
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.