Small Claims Tribunal Malta: how to file a claim up to €5,000
The Small Claims Tribunal is the cheapest and fastest civil forum in Malta. Under article 3(2) of the Small Claims Tribunal Act (Cap. 380) it hears money claims of an amount not exceeding €5,000, without counting fees and costs. A single adjudicator, an advocate with at least seven years of practice, decides the case principally in accordance with equity (article 7), usually in one sitting and often on the same day (article 9(2)(a)). You do not need an advocate: article 14 allows the parties to be assisted by any person, and the adjudicator may relieve an unrepresented party from minor procedural mistakes (rule 12 of S.L. 380.01).
The Tribunal suits unpaid invoices, a deposit that was not returned, a refund refused by a private seller, damage to property, unpaid wages for odd jobs and loans between friends. It does not hear disputes about ownership of immovable property, easements or the eviction of occupants, whatever the value (article 3(5)). Claims between €5,000 and €15,000 go to the Court of Magistrates (article 47 of Cap. 12).
This guide explains how to value the claim, fill in the Notice of Claim, pay the filing fee, serve the defendant, prepare for the hearing, and enforce the decision or appeal within twenty days.
Key facts
Deadline
The defendant has 18 days from service of the Notice of Claim to file a reply (rule 4(2) of S.L. 380.01); an appeal must be filed within twenty days of the decision (article 8(1) of Cap. 380), and notice of the intention to appeal must be given to the adjudicator when the decision is delivered (article 9(2)(a)). The Tribunal is in vacation from 15 July to 15 September (rule 17). The claim itself must be filed before it is time-barred under the Civil Code, which the Tribunal applies strictly (article 7(1) proviso).
What to do
Check that the Tribunal is the right forum. The claim must be a money claim not exceeding €5,000 (article 3(2) of Cap. 380). If you claim several sums for the same cause, the total counts; for different causes, only the highest sum counts; for capital and interest, only the capital counts, so the Tribunal keeps jurisdiction even if capital plus interest exceeds €5,000 (article 3(3)).
Disputes on ownership of immovable property, easements and evictions are excluded (article 3(5)). A consumer suing a trader can instead choose the Consumer Claims Tribunal, which hears claims up to €10,000 (article 20 of Cap. 378). Above €5,000 and up to €15,000 the Court of Magistrates is competent (article 47 of Cap. 12).
Check that the claim is not time-barred. The adjudicator decides on equity, but any question of prescription is determined according to law (article 7(1) proviso of Cap. 380), and a wrong decision on prescription can always be appealed (article 8(2)(b)). Many everyday debts prescribe quickly under the Civil Code (Cap. 16): eighteen months for the price of goods sold by retail and for tradesmen's work (article 2148), two years for professional fees and for damages not arising from a criminal offence (articles 2149 and 2153), five years for commercial debts and loans not made by public deed (article 2156).
If the deadline is close, send a judicial letter first: under article 2128 of the Civil Code it interrupts prescription once it is served.
Send a final written demand. The Tribunal does not require a prior demand, but a dated letter or e-mail giving the debtor a short time to pay is useful evidence that you tried to settle. State the amount, the reason and how to pay.
Keep in mind that, for a non-commercial debt, legal interest at 8% per annum runs only from the day of an intimation by a judicial act (articles 1139 and 1141(2) of the Civil Code). For a commercial obligation, interest runs from the day payment was due (article 1141(1)). If you want interest from an earlier date in a private dispute, a judicial letter filed in the court registry before the claim is the safer route.
Fill in the Notice of Claim (Form 1). The form is in the First Schedule to the Small Claims Tribunal Rules (S.L. 380.01) and is available at the registry. Give the full name, address and telephone number of each defendant; a claim may be made against several defendants only if the cause against each is connected (rule 3(2)). Under the headings Where, When, How much and What happened, describe the facts briefly: you will present everything at the hearing.
List the witnesses you intend to call. Name a company by its registered name and number, which you can check in the Malta Business Registry. A wrong defendant is a common reason why a claim fails or cannot be enforced.
File the claim and pay the fees. File the form at the Registry of the Tribunal for the place where the transaction took place (instructions to Form 1), pay the filing fee and ask the Tribunal to serve the defendant (rule 3(1)). Tariff A in the Second Schedule to S.L. 380.01 sets €40 for filing a claim and €25 for a reply, plus €6 registry fee and €1.20 to the executive officer for each service; these fees cover the later acts up to judgement (paragraph 5). The registry will not accept an act without the fee (paragraph 12).
The registry stamps the form, gives a file number and serves the defendant. Make sure your own address is correct: all notices are sent there.
Expect the defendant's reply within 18 days. After service, the defendant may pay you directly, or file a reply admitting or opposing all or part of the claim, or make a counter-claim (rule 4(1) of S.L. 380.01). The reply is due within eighteen days of service (rule 4(2)). A counter-claim is treated as a new claim and attracts its own fee; you may answer it with a counter-claim reply (rule 5).
If the defendant thinks someone else should pay, he can bring in a third party (rule 6). If the defendant does not reply, the Tribunal may still decide the case in his absence at the hearing (Form 1 and article 13(b) of Cap. 380). The registry notifies both parties of the hearing date (rule 10(1)).
Prepare the evidence for one sitting. The adjudicator must try to hear the case summarily, decide it ex tempore and finish in one sitting (article 9(2)(a) of Cap. 380). Bring the originals and copies of contracts, invoices, receipts, messages, photographs and a one-page chronology. The adjudicator is not bound by the best evidence or hearsay rules if the evidence is reliable (article 9(2)(b)).
Witnesses who will not come voluntarily must be served, through the Tribunal, with a summons at least three days before the hearing (rule 9(1) of S.L. 380.01). Corrections to your claim can be authorised only during the first sitting (rule 7). If you, as claimant, fail to appear twice, the claim is dismissed with costs (article 13(a)).
Understand the decision and costs. The losing party normally pays the costs of the winner, but costs are limited to actual expenses made in connection with the case (article 10(1)–(2) of Cap. 380). Where a party used an advocate, the fee taxed is €81.53 if the dispute does not exceed €582.34; above that, the Court of Magistrates tariff applies (Tariff B of S.L. 380.01).
A vexatious or frivolous claim may cost the claimant a penalty of up to €232.94 payable to the defendant (article 10(3)), and the Tribunal may also order increased costs of €200 to €650 payable to the Registrar against a party who filed a frivolous act or prolonged the proceedings (paragraph 13 of Tariff A).
Appeal within twenty days if needed. If you intend to appeal, say so to the adjudicator when the decision is given (article 9(2)(a) proviso of Cap. 380). The appeal goes to the Court of Appeal composed of one judge by application filed within twenty days (article 8(1)); the older rule 14 of S.L. 380.01 still mentions eighteen days, so file within eighteen to be safe. The filing fee is €80 (Tariff A).
Where the amount in dispute does not exceed €1,500, the appeal lies only on jurisdiction, prescription, a failure to suspend under article 7(2), or a serious breach of impartiality and equity (article 8(2)). Above €1,500 you may appeal on all grounds (article 8(3)). A frivolous appeal can lead to a penalty of €250 to €1,250 (article 8(5)).
Enforce the decision if the debtor does not pay. Once the decision has become res judicata, it is enforced by the Court of Magistrates (Malta) or (Gozo), depending on the debtor's residence, as if it were a judgment of that court (article 10(4) of Cap. 380). Judgments are executive titles under article 253(a) of the Code of Organization and Civil Procedure (Cap. 12).
The usual tools are an executive garnishee order on the debtor's bank account or employer, or a warrant of seizure of movable property (article 273 of Cap. 12). Part of a wage up to the amount in article 382 and social security benefits cannot be attached (article 381), so check where the debtor actually has assets before paying for warrants.
What to watch out for
- Suing for more than €5,000 without reducing the claim. Where only capital counts, interest does not push you out of jurisdiction (article 3(3)(c) of Cap. 380), but a capital claim above €5,000 belongs to the Court of Magistrates.
- Filing after the debt has prescribed. The Tribunal applies prescription according to law (article 7(1)), and short periods of eighteen months or two years apply to many everyday debts (articles 2148–2149 and 2153 of the Civil Code).
- Naming the wrong defendant, for example the manager instead of the company, or a trading name instead of the registered company. A decision against the wrong person cannot be enforced against the right one.
- Withdrawing the claim to start again later. A withdrawn claim cannot be filed again for the same matter (rule 8(2) of S.L. 380.01).
- Missing the hearing. A claimant who fails to appear twice, or once if the defendant asks, has the claim dismissed with costs (article 13(a) of Cap. 380).
- Forgetting to announce the appeal. Notice must be given to the adjudicator when the decision is delivered, and the application must be filed within the time limit (articles 8(1) and 9(2)(a)).
- Bringing a claim about land, easements or eviction. These are excluded whatever the amount (article 3(5) of Cap. 380) and the claim will fail on jurisdiction.
- Relying on oral promises without documents. The adjudicator can admit informal evidence, but a claim with no messages, receipts or witnesses is hard to prove.
Legal basis
Frequently asked questions
What is the maximum claim at the Small Claims Tribunal in Malta?
€5,000. Article 3(2) of the Small Claims Tribunal Act (Cap. 380) limits the Tribunal to money claims not exceeding that amount, without counting fees and costs. Where you claim capital and interest, only the capital is counted (article 3(3)(c)). Larger claims up to €15,000 go to the Court of Magistrates.
How much does it cost to file a small claim in Malta?
Under Tariff A of the Small Claims Tribunal Rules (S.L. 380.01), filing a claim costs €40 and each service costs €6 in registry fees plus €1.20 to the executive officer. The filing fee covers the later procedural acts up to judgement. Filing a reply costs €25 and an appeal €80.
Do I need a lawyer for the Small Claims Tribunal?
No. Article 14 of Cap. 380 allows the parties to be assisted by any person, and rule 12 of S.L. 380.01 lets the adjudicator relieve an unrepresented party from mistakes made by oversight. If you do use an advocate and win, the recoverable fee is limited by Tariff B of the Rules.
How long does the other side have to reply to a small claim?
Eighteen days from the date of service of the Notice of Claim (rule 4(2) of S.L. 380.01). The defendant may pay, admit, oppose or counter-claim. If no reply is filed, the Tribunal may still decide the case in the defendant's absence at the hearing (article 13(b) of Cap. 380).
How long does a small claims case take in Malta?
The law aims at one sitting: the adjudicator must hear the case summarily and, as far as possible, decide it ex tempore on the day of the hearing (article 9(2)(a) of Cap. 380). The waiting time for the first hearing depends on the registry's list, and the Tribunal does not sit between 15 July and 15 September (rule 17).
Can I claim interest at the Small Claims Tribunal?
Yes. Damages for late payment of a sum of money consist of interest at 8% per annum without proof of loss (articles 1139–1140 of the Civil Code). For commercial debts interest runs from the due date; otherwise from an intimation by a judicial act (article 1141), such as a judicial letter or the claim itself.
Can I appeal a Small Claims Tribunal decision?
Yes, to the Court of Appeal by application within twenty days (article 8(1) of Cap. 380), after telling the adjudicator at the time of the decision. If the dispute is €1,500 or less, the appeal is limited to jurisdiction, prescription, suspension under article 7(2) and serious breaches of impartiality (article 8(2)).
What if the other party does not pay after losing?
Once the decision is final, it is enforced by the Court of Magistrates as if it were its own judgment (article 10(4) of Cap. 380). You can then ask for an executive garnishee order on bank accounts or wages above the protected amount, or a warrant of seizure (article 273 of Cap. 12).
Can the Small Claims Tribunal deal with a rent deposit?
Usually not. For private residential leases under Cap. 604, the Adjudicating Panel has exclusive jurisdiction over monetary claims up to €5,000 on the retention or return of a security deposit, rent arrears and similar disputes (article 23(2) of Cap. 604). Evictions are also excluded from the Tribunal (article 3(5) of Cap. 380). Other deposits, such as on a car or a service, can go to the Tribunal.
What happens if I lose a small claim I brought?
You will usually pay the other side's actual expenses (article 10(1)–(2) of Cap. 380). If the Tribunal finds the claim vexatious or frivolous, it can add a penalty of up to €232.94 payable to the defendant (article 10(3)) and increased costs of €200 to €650 to the Registrar (Tariff A, paragraph 13).
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