Objection Against a Court Order for Payment in Malta

How the payment order procedure works

Under Maltese civil procedure, a demand for payment is normally instituted by way of sworn application, whereby the court orders the respondent to appear on a given day and hour to show cause why the claim contained in the sworn application should not be allowed, as set out in Code of Organization and Civil Procedure, art. 154.

This means that the 'order for payment' is in substance a decree calling upon the debtor to appear and contest the claim; the debtor's opposition is raised by defending the case before the court on the appointed day, rather than by a separate free-standing objection form outside the proceedings.

Deadline and form of the objection

The sworn application procedure itself provides that, in fixing the day of appearance, the court must allow sufficient time for the preliminary written procedures of the case to be closed, save that in urgent cases the court may set a hearing date before those preliminary written procedures are closed, per Code of Organization and Civil Procedure, art. 154.

The passages available do not specify a fixed number of days within which a debtor must file a reply or objection to a sworn application; this deadline is set out elsewhere in the procedural rules and in the court's own decree, and readers should verify the exact time-limit applicable to their case directly in the current text of the Code of Organization and Civil Procedure or with the registry before acting.

As a matter of form, any response contesting the claim should be filed in writing at the registry of the court that issued the order, mirroring the sworn application procedure applicable to the original demand under Code of Organization and Civil Procedure, art. 154.

Where to file the objection

• Proceedings in Malta are filed at the Registry of the Civil Courts and Tribunals, Malta.
• Where the matter is connected with Gozo or Comino, requests and related judicial acts may be filed in the Registry of the Civil Courts and Tribunals, Gozo, for onward transmission, as reflected in the transfer arrangements between the two registries under Code of Organization and Civil Procedure, art. 181D.
• The date of filing is taken to be the date of first filing in the registry where the act originated, and not the date of receipt by the other registry, under Code of Organization and Civil Procedure, art. 181D.
• Debtors should confirm with the registry which court issued the specific order for payment, since jurisdiction depends on the court from which the original decree calling the debtor to appear was issued.

Effect of filing an objection

Once the debtor appears and contests the claim on the appointed day, the matter proceeds as ordinary contentious litigation: the court will hear both parties on the merits of the claim before deciding whether the sum demanded is due, consistently with the structure of the sworn application procedure under Code of Organization and Civil Procedure, art. 154.

If no valid objection or appearance is made, the proceedings are likely to continue undefended and the court may eventually allow the claim as requested in the sworn application; readers should check the applicable rules on default of appearance in the current Code, as these are not detailed in the passages relied upon here.

Any warrant or executive order subsequently sought to enforce a judgment for payment is issued by the court upon a further application indicating the sum due, the title, and the remedies sought, under Code of Organization and Civil Procedure, art. 274.

Objection (Reply) to Sworn Application for Payment Order

IN THE [NAME OF COURT, e.g. CIVIL COURT (FIRST HALL) / COURT OF MAGISTRATES (MALTA/GOZO)]

[Case / Application Number]

[Name of Plaintiff/Applicant]
-versus-
[Name of Defendant/Respondent]

OBJECTION / REPLY OF THE RESPONDENT

Today, [date], before this Honourable Court,

The reply of [full name, ID card number, address of respondent], respectfully shows:

1. That by means of a sworn application filed on [date], the applicant [name] demanded payment of the sum of €[amount], together with [interest/costs/other remedies claimed], on the basis of [brief description of the alleged title/debt].

2. That the respondent objects to the said demand for the following reasons:
 a) [ground of objection, e.g. the debt has been paid in full/in part];
 b) [ground of objection, e.g. the amount claimed is incorrect or excessive];
 c) [ground of objection, e.g. the title relied upon is invalid, extinguished or unenforceable];
 d) [any other relevant ground].

3. That in support of the above, the respondent produces the following documents: [list of documents, e.g. receipts, correspondence, contracts].

4. That, for the reasons stated above, the claim of the applicant should not be allowed [in whole/in part].

Wherefore this Honourable Court is respectfully requested to reject the demand of the applicant [in whole/in part], with costs against the applicant, and to make such other orders as this Honourable Court may deem appropriate in the circumstances.

[Signature of Respondent or Legal Representative]
[Name and warrant number of Advocate/Legal Procurator, if applicable]
[Date]

Filed at the Registry of the Civil Courts and Tribunals, [Malta/Gozo].

Insert the correct court, case number and party details, adapt the numbered grounds of objection to the actual facts and evidence available, and confirm the applicable appearance date and any statutory time-limit directly with the court registry before filing.

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This template is based on the Malta legislation in the Europaius corpus. Verify the current wording before use; this does not constitute legal advice. Legal Advisor · Europaius MT