Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 382

Official PDF on legislation.mt

382. (1) In the case of any salary or wage mentioned in article 381(1)(a), when the same exceed one thousand two hundred and th irty- three euro (€1233.00) per month or such amount as may from time to time be established by order made by the Minister responsible f or justice, the issue of a garnishee order shall be applicable on that part in excess of the a mount afore-stated: Provided that if the debtor, upon an application shows to the satisfaction of the court that he needs such excess or part thereof for his maintenance or for the maintenance of his family, the court shall revoke the garnishee order with respect to the excess or such part thereof, whereupon the said order shall be deemed to be and to have been without effect to the extent to which it ha d CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 117 been revoked: Provided further that this article shall not apply to the pay of an officer or man of the regular force of Malta. (2) The court may, at any time, vary the order given under sub- article (1), on a demand by application of the creditor or the debtor, if there be any change in the ma terial circumstances of the deb tor. Garnishee order may not be extended. Substituted by: XXIV .1995.180; XIV .2006.66.

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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.