If someone claims money from you in Malta, the claim may arrive as a judicial letter, an ordinary court claim, or a case before the Small Claims Tribunal for smaller amounts. You are not obliged to accept a claim you dispute, but you must react within the time the court or tribunal allows, otherwise judgment can be given against you in your absence and enforced.
⏰ Deadline: For a sworn reply to an ordinary court claim the usual period is 20 days from service; before the Small Claims Tribunal you must file your reply by the date stated in the notification. Check the exact date on the document you received.
✅ What to do
Read the document carefully and identify whether it is a judicial letter (ittra gudizzjarja), an ordinary claim before the courts, or a Small Claims Tribunal claim, and note the reply deadline.
Check whether the debt is actually due, already paid, time-barred, or wrong in amount, and gather any receipts, contracts, correspondence and bank statements.
File a written reply (nota ta' risposta) within the deadline, setting out your defence and any counterclaim; a sworn reply is normally required in ordinary proceedings.
Attend the hearing on the assigned date; before the Small Claims Tribunal you can appear in person without a lawyer.
If you owe part of the sum, consider offering a settlement or instalment plan in writing to limit interest and costs.
If judgment is given against you, check whether an appeal is possible and act before that further deadline expires.
⚠️ What to watch out for
Missing the reply deadline can result in judgment by default, which is then enforceable against your salary, bank account or property.
Ignoring a judicial letter can be used against you as evidence and to interrupt prescription (limitation).
Court costs, interest and lawyer's fees are usually added to the sum claimed if you lose.
Do not sign acknowledgements of debt or payment plans admitting the full sum before checking that the claim is correct.
It deals with smaller money claims through a simpler and faster procedure. You can appear in person and the Act sets out how claims are filed and decided (Small Claims Tribunal Act, Cap. 380).
Can they take money from my salary or account?
Only after obtaining a judgment or an executive title. Enforcement then follows the warrants set out in the Code of Organization and Civil Procedure (Cap. 12).
Can a claim be too old to enforce?
Yes. Many claims are subject to prescription periods under the Civil Code and the Commercial Code. If a claim is time-barred you can raise prescription as a defence in your reply.
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