By the powers conferred in Article 382 of the Code of Organisation and Civil Procedure, the Minister for Justice has established the amount of one thousand two hundred and thirty-three euro (€1233.00) per month as the amount of salary or wage which shall be exempt from attachment.
“The amount of salary or wages not subject to attachment has never been revised since 1995. At that time, Parliament decided that the amount was to be Lm300 (Eur698.81) per month, meaning that it was much more than the minimum wage. In order to strike a balance between the interest of the creditors and debtors, we applied the rate of inflation on the amount established 28 years ago," the Minister for Justice Jonathan Attard stated.
Minister Attard said that this revision is based on social necessities in view that the amount established in 1995 does not offer a decent and dignified living, as the current amount is even less than the minimum wage. The mathematic calculation for the increase is based on data published by the National Statistics Office and the Central Bank, with the new amount of €1233 established through the application of cost-of-living increments. The issue of a garnishee order shall be applicable on that part in excess of the revised amount.
Legal Notice 302 of 2023 establishes that this order comes into effect on 1 January 2024.