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Debt Collection - Judicial Letter 166A
| Posted on October 4, 2020 at 5:00 AM |
Debt collection is never easy. Having to collect what is your due from people who, for various reasons are unwilling to pay is no easy task. In many cases, if you are unable to recover what is due to you, one has two options - either filing a lawsuit, or else filing a judicial letter 166A.
A court case would entail years in court trying to prove that you are owed such debt. However, Maltese law provides a quicker way in which you can get back what is due to you. This is in the form of a judicial letter which needs to be formulated according to Article 166A of Chapter 12 of the Laws of Malta. This formidable letter can be used if the debt owed to you is certain, liquidated and due. It cannot be used if you still have to determine the amount due to you and it cannot be used if the amount has not come due yet or is uncertain. It is most often used for objects, merchandise, movables that have been sold and the buyer would not have paid the seller or by people who have rendered a service and that service has not been paid for.
When this letter is served onto the debtor, the debtor would have to answer within thirty days of being served such letter. If he fails to answer such letter, then, that letter will eventually become an executive title, which means that it will have the same effect as if it were a judgement.
Therefore, as one can see, this letter is not only cost-efficient but time-efficient as well when compared to court cases which are costly and take years.
However, what if the debtor answers the judicial letter 166A? What happens then? If the debtor answers by rejecting such a claim as he/she has every right to do, then that letter cannot become an executive title and it will not have the same effects as a judgement but it will have the same effects as a normal judicial letter calling upon the debtor to pay up. Eventually, in this case if the creditor wants to recover the debt he/she would have to file a lawsuit.
Article written by Dr Ann Marie Mangion.
Categories: Civil Law, Debt Recovery
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As from 8 June 2020 the office has reopened from its temporary closure due to COVID-19 and has resumed physical meetings whilst implementing safety and sanitization measures. Anyone coming into the office must be wearing a mask/visor.
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On 20 June 2019, Dr Mangion participated in the Council of Europe exercise on Child Participation, namely the Child Participation Tool held by the Ministry for the Family, Children's Rights and Social Security in collaboration with the Malta Foundation for the Wellbeing of Society.
On 1 October 2018, Lisa Micallef joined the office as a legal trainee.
On 17 January 2018, Dr Mangion attended the inauguration of the Judicial Year of the Ecclesiastical Tribunals of the Maltese Province at the Archbishop's Palace.
On 13 January 2018, Dr Mangion was a guest speaker on Radio 101's 'Ghazliet' discussing sexual harassment.
On 11 January 2018, Dr Mangion attended a public lecture on gender quotas in Ireland held by Dr Fiona Buckley of the University of Cork, organised by the Faculty of Social Wellbeing, at the University of Malta.
On 13 October 2017, Dr Mangion was a guest speaker on FLiving TV, 'Attwali' discussing criminal responsibility amongst minors.
On 4-8 October 2017, Dr Mangion went to a FAIR Project training session on immigrant children's rights access to justice organised by the ICJ at Ferney-Voltaire/Geneva.
On 15 September 2017 Dr Mangion attended Dontilla Mukamana's speech on genocidal rape in Rwanda as part of the Festival of Research 2017 held at the University of Leicester.
On 6 September 2017 Dr Mangion's paper on confidentiality and treatment of young people was published in Kevin Aquilina, Peter Mallia and Bridgit Ellul (eds), Contemporary Issues in Medical Law & Ethics: Conference Proceedings 2012-2015 (University of Malta 2017).
On 19 August 2017 Dr Mangion was a guest speaker on Radio 101's 'Ghazliet' discussing juvenile crime.
On 9 April 2017 Dr Mangion was invited as a guest speaker on Radio 101's 'Ghazliet' discussing the family.
On 16-17 February 2017 Dr Mangion attended a two-day training session: "Fostering Access to Immigrant Children's Rights (FAIR) Project organised by Aditus and the International Commission of Jurists.
On 24 December 2016 Dr Mangion along with Johanna Cauchi held the last radio programme from the long-running programme, Il-Ligi u l-Familja on Radio RTK (103 FM).
On 1 October 2016 Dr Mangion was asked to make an intervention on the legal implications of gay parenting on Radio 101's radio programme Ghazliet.
On 5 September 2016 Dr Mangion was invited on Campus FM's radio programme Ghazliet to discuss children's rights.
On 11 June 2016 Dr Mangion was asked to give her opinion on children's views in court during the radio programme Ghandi xi Nghid.
On 21 April 2016 Dr Mangion was invited on TVM's Skjetti alongside Pauline Miceli, the Commissioner of Children and Claire Agius Ordway to discuss children's rights.
On 7 March 2016 Dr Mangion attended a lecture organised by the Chamber of Advocates on Act IV of 2016 - an act to amend law relating to justice reform in the sphere of civil procedure.
On 8 February 2016 Dr Mangion started a course entitled Forensic Science and Criminal Justice as part of her CPD.
On 3 February 2016 Dr Mangion attended a seminar on annulment procedural reforms organized by the Chamber of Advocates.
Articles
Dr Mangion has published a paper entitled, 'Confidentiality and Treatment of Young People: Proposals for Amendment 1' in Kevin Aquilina, Peter Mallia and Bridgit Ellul (eds), Contemporary Issues in Medical Law & Ethics: Conference Proceedings 2012-2015 (University of Malta 2017).
Dr Mangion has publshed the following paper, 'Confidentiality and Treatment of Young Adults. Proposals for Amendments: the Gillick Proposition' in the Journal of the Malta College of Family Doctors, (Vol. 4, Issue 1, May 2015)
Hamid Reza Salehi and Ann Marie Mangion have published an article called, Legal Aspects of Cosmetic and Plastic Surgery in the peer-reviewed International Journal of Advanced Studies in Humanities and Social Science. (Int J Adv Stu Hum Soci Scie. 2014; 2(2):111-115)
Ann Marie Mangion, 'Young Adults Should Have a Say', The Times (Valletta, 5 April 2013)
Radio & TV
Discussing sexual harassment on Radio 101's 'Ghazliet' discussing sexual harassment (13 January 2018 - live).
Discussing criminal responsibility amongst minors on FLiving TV, 'Attwali' (13 October 2017 - live).
Discussing the family of Radio 101's Ghazliet (9 April 2017 - live).
Discussing children's rights on Campus FM's radio programme Ghazliet (5 September 2016 - recorded).
Asked to give her opinion on children's views in court during the radio programme Ghandi xi Nghid (11 June 2016 - live).
Discussing children's rights on TVM's Skjetti (21 April 2016 - recorded).
Seminars & Conferences
Dr Mangion attended a public lecture on gender quotas in Ireland held by Dr Fiona Buckley of the University of Cork, organised by the Faculty of Social Wellbeing, at the University of Malta (11 January 2018).
Dr Mangion went to a FAIR Project training session on immigrant children's rights access to justice organised by the ICJ at Ferney-Voltaire/Geneva (4-8 October 2017).
Dr Mangion attended Dontilla Mukamana's speech on genocidal rape in Rwanda as part of the Festival of Research 2017 held at the University of Leicester (15 September 2017).
Dr Mangion attended a two-day training session: "Fostering Access to Immigrant Children's Rights (FAIR) Project organised by Aditus and the International Commission of Jurists (16-17 February 2017).
Dr Mangion gave a talk on Matrimonial Regimes to post-Cana group (4 December 2016).
Dr Mangion gave a talk on Consent, Confidentiality and Disclosure at the Maltese Curia (23 June 2016).
Dr Mangion attended a lecture organised by the Chamber of Advocates on Act IV of 2016 - an act to amend law relating to justice reform in the sphere of civil procedure (7 March 2016).
Dr Mangion attended a seminar on annulment procedural reforms organized by the Chamber of Advocate (3 February 2016).
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