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Garnishee Orders
| Posted on October 18, 2020 at 2:10 AM |
Garnishee orders can be differentiated between precautionary garnishee orders and executive garnishee orders.
With precautionary garnishee orders one is filing a warrant to seize monies or stop movables from being transferred onto third parties on the basis of a claim which is yet to be estabilshed whether it is founded in law and in fact, hence why it is precautionary. Therefore, one is taking the precaution to seize the amount claimed even though it has not yet been declared in a Court of Law to be due. This is a useful mechanism to stop the debtor from squandering any money before the Court would have declared that the amount claimed is actually owed to the creditor. Like any other procedure, to avoid abuse, the law provides that precautionary warrants, and a precautionary garnishee order is by no means an exception, need to be followed or accompanied by a lawsuit and this to curb abusive behaviour by people who want to inflict financial damage on other people without any unjustified claims.
On the other hand with executive garnishee orders, one would already be in possession of a judgment or an executive title stating that the creditor is due the money claimed which would enable a person to seize the sums due to him/her. The only difference is that if one files a garnishee order after one would have obtained a final judgement or an executive title, there might be a possibility that the debtor would have already squandered the money, which would then lead to further judicial proceedings to try and get what is due to oneself. And hence, that is why a precautionary garnishee order gets in handy, as the sum would have already been seized before final judgement. Having said this, it does not mean that whoever files a precautionary garnishee order would be able to seize the amount claimed as it very much depends on how much money there is in the debtor's bank accounts. If there isn't the whole amount claimed, the bank accounts will remain frozen and any money deposited by the debtor in the said accounts will be automatically seized.
Collecting what is due is a tricky business and one needs to act in a timely manner to avoid not being able to get what is owed to oneself. However, like with anything else, there is always the risk that the debtor would have nothing deposited in his/her bank accounts or would have no movables in his/her name which would make debt collection very difficult.
Article written by Dr Ann Marie Mangion.
Categories: Civil Law, Debt Recovery, Warrants
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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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