Get help | Legal Procedure to Recover non-Payment

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As a small business we are unable to support non-payment of goods or services rendered in good faith.

In the event that payment is not made as agreed we shall ask for payment and remind the creditor that payment is due.

When requesting payment that is late we will set a deadline for payment and communicate this to the creditor.

If payment is not made by the deadline we shall proceed with a Small Claims Tribunal procedure for the sum outstanding. It takes about 4 to 6 weeks for you to receive the court documents at home.

The Small Claims Procedure is an online tribunal that does not require an attended hearing but in the case of a judgement against the non payment of sums owed there will be a public record of the case, and payment can be enforced by the court after judgement.

Once a Small Claims Tribunal Case has been started it cannot be stopped or cancelled by ourselves.

However, if on receiving the court documents at home you make a payment you will be able to reply to the claim to have the case closed as payment has been made. There will be a fee of €40 to reply to the case.

If you have paid once receiving the court documents and do not file a reply, then the court hearing will proceed and judgement may be made against you.

If you do file a reply, we will be able to counter claim your reply should your payment remain, in our view, unsatisfactory. Or we may choose to not file a counter claim in which case the court may decide that the case is satisfied.

You can see details of the Small Claims Tribunal Case procedure here:

https://www.gov.mt/en/Life%20Events/Pages/Small%20Claims/Small-Claims.aspx

You can manage your Small Claim Tribunal Cases Online here:

https://ecourts.gov.mt/onlineservices/CitizenAccount

Please take your own legal advice, we are not advising you on legal matters but are just outlining our procedures.