Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 378

Official PDF on legislation.mt

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.

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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.