Debt recovery is not easy, so if you are unable to recover what is due to you, you will need to resort to legal remedies. There is an expedited legal procedure to recover debts, that is you have an option of filing a judicial letter as per Article 166A of the Code of Organization and Civil Procedure from Chapter 12 of the Laws of Malta.
The letter 166A is a judicial letter issued through the Courts of Malta that give the debtor 30 days to respond to it. If the debtor ignores it and fails to answer such letter, this letter will become an executive title, meaning that the sworn content of the letter, being the money due for services rendered or for goods that have been delivered, will have the same effect as it were a final judgement, making the debtor legally obliged to settle the dues. After that, the creditor is allowed to issue warrants and garnishees to collect his dues.
However, if the debtor answers by denying or rejecting the claim, then this cannot become an executive title, and if one wants to recover the debts, the creditor must then file a case before the court. It’s important to note that to file the judicial letter 166A, the debt must be below the sum of €25,000 or if in excess, the creditor can lower his claim and forfeit the difference.
This legal instrument is very strong as it is cost effective and allows the creditor to get an enforceable judicial title within 30 days avoiding lengthy court procedures. However, there are also cautions against misuses such as the letter must be confirmed on oath and on the judicial letter itself, one must clearly inform the debtor of the rights to oppose it.
It is in the best interest of all parties that debts are sorted out of court to avoid inconveniences, delays in court and hefty legal fees. Sciberras Advocates can assist you in your debt recovery process by starting with a legal letter requesting dues from the debtors and eventually filing a letter 166A at the court if the first legal try is unsuccessful.
本文仅供参考，不应被视为法律建议。.
夏琳·西贝拉斯（Charlene Sciberras）女士撰写，文学士（荣誉学位），特约撰稿人，营销和工商管理专家，尤其专注于公司、会计和法律事务。.
Sciberras Advocates 由 Adrian Sciberras 博士创立，是一家总部位于马耳他的律师事务所。该事务所以其多学科、创新和灵活的特点而自豪，能够应对不断变化的时代以及本地和国际法律环境中的任何挑战。无论面临何种复杂私人或公司需求，Sciberras Advocates 都能提供切合实际且具有成本效益的法律解决方案，以实现您期望的结果。您可以通过电话联系 Sciberras Advocates： +35627795222或通过电子邮件发送至 [email protected].
