Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 944

Official PDF on legislation.mt

944. (1) Save as otherwise provided by law, the money so lodged may not be withdrawn, in whole or in part, except on compliance with the conditions laid down in the lodgment schedule, unless the withdrawal of such money is effected in execution of a judgment constituting a res judicata or in pursuance of the express consent of the parties interested. Where lodgment is made by execution officer. Time for entering opposition to withdrawal. (2) Where, however, the lodgmen t is made by the marshal or other executive officer to whom, in the execution of any warran t issued in virtue of a judgment or other executive title, the de btor may have delivered, either wholly or in part, the amount stated in the warrant, on condition that such amount shall remain on depo sit, the creditor at whose suit execution was issued, shall, on his demand, even verbal, be allowed to withdraw such amount, unless the debtor, within fifteen days from the execution of the warrant, by sworn application, shall have brought forward his reasons again st the withdrawal by the creditor of such amo unt, wholly or in par t. Enlargement of time. (3) The said time of fifteen days may be extended, on good cause being shown, to another fifteen days only, on the demand of the debtor by an application. Duties of registrar in connection with withdrawal of money. Added by: IX.1886.118. Substituted by: XXIV .1995.346. Amended by: II.1996.78.

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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.