Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 944
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lodged may not be withdrawn, in whole or in part, except on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.
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.