Cap. 12 Art. 381Property not subject to attachment.

(1) It shall not be lawful to issue a garnishee order upon -

(a) any salary, or wages (including bonus, allowances, overtime and other emoluments);

(b) any benefit, pension, allowance or assistance mentioned in the Social Security Act or a private pension or any other pension, benefit or allowance issued by the Government or other foreign government:

Provided that in the case of private pensions and pensions issued by foreign governments the amount which is not subject to attachment shall not exceed the amount established for the highest pension issued by the

Government;

(c) any charitable grant or donation made by the

Government;

(d) any bequest expressly made for the purpose of maintenance, if the debtor has no other means of subsistence and the debt itself is not due in respect of maintenance;

(e) any sum due for maintenance whether awarded officio judicis, or by public deed if the debt itself is not due in respect of maintenance;

(f) moneys which have been made available to the debtor by deed of loan for the building, construction and maintenance of houses intended as a main dwelling place for the debtor;

(g) overdraft banking facilities excluding credit cards by means of which commercial going concerns run by the debtor are being operated;

(h) bank guarantees and letters of credit;

(i) benefits or subsidies issued by the Housing Authority;

(j) bank accounts which are used solely and exclusively to receive therein deposits in accordance with paragraphs (b), (c) and (i). Banks which are indicated as garnishees in a garnishee order shall ensure that these accounts are not affected by the same garnishee order: Provided that banks are obliged to open, and maintain, bank accounts for the above-mentioned purposes.

(2) Notwithstanding the foregoing provisions of this article, in causes for maintenance, the court may, either in the judgment or in a subsequent decree upon an application to that effect by the creditor suing for maintenance, where such creditor is the spouse, or a minor or an incapacitated child, or an ascendant of the debtor, order that a specified portion of the salary, allowance or bequest mentioned in sub-article (1)(a), (b) and (d) or of the salary of any person, be paid directly to the creditor; the service of any such order on the person by whom the said salary, allowance or bequest is payable shall have the same effect as a garnishee order; and the person so served shall pay directly to the creditor the portion of the salary, allowance or bequest specified in the order.

(3) The provisions of article 149, 150 and 151 of the Malta Armed Forces Act shall apply in respect of the pay of an officer or man of the regular force of Malta.

(4) Notwithstanding any provision in this Code or any other law, when the debtor is an employer, the order shall not attach upon any salary, wage (including bonus, allowances, overtime and other emoluments) of the employees of the debtor:

Provided that, the garnishee be formally notified in this regard.