In Malta a creditor who holds a judgment or another executive title can enforce it through executive warrants, such as a warrant of seizure of movables, a garnishee order against your bank account or salary, or a warrant affecting immovable property. These procedures are set out in the Code of Organization and Civil Procedure. Acting early gives you more options.
⏰ Deadline: Some warrants must be preceded by service of the executive title and a set number of days before execution. Deadlines to challenge a warrant are short, so check the documents and act immediately.
✅ What to do
Identify the executive title being enforced (judgment, executive judicial letter, contract in executive form) and the type of warrant used.
Verify the amount claimed, including interest and costs, and whether it has already been paid in whole or in part.
If a garnishee order has frozen your account, check whether protected minimum amounts apply and seek release of exempt sums.
Consider filing an application to the court to challenge or suspend the warrant if it is irregular or the debt is not due.
Try to negotiate a written settlement or instalment arrangement with the creditor to stop or limit enforcement.
Get legal assistance quickly where property or your salary is at risk.
⚠️ What to watch out for
A garnishee order can freeze your bank account before you are aware of it.
Ignoring enforcement can lead to seizure and judicial sale of your assets.
Interest and enforcement costs continue to increase the total you owe.
Deadlines to object to a warrant are short; missing them narrows your options.
The Code of Organization and Civil Procedure (Cap. 12) provides for executive warrants such as seizure of movables, garnishee orders against bank accounts or salary, and warrants affecting immovable property.
Can my salary or bank account be frozen?
Yes, through a garnishee order under Cap. 12, subject to any protected minimum amounts. You can apply to the court regarding exempt sums.
Can I stop enforcement by paying in instalments?
Enforcement is based on the title, but creditors often accept a written settlement or instalment plan. Any agreement should be in writing.
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