Small Claims
What are Small Claims? When to apply? Maltese Law classifies as small claims money claims of an amount not exceeding five thousand euros (€5,000). Any such claims are heard and determined by the Small Claims Tribunal. Causes involving questions of ownership of immovable property or rights annexed thereto, even if the claim does not exceed €5,000, as well as causes of ejectment and eviction from immovable property are not considered as small claims.
Legislations, Your Rights and RegulationsThe Small Claims Tribunal is presided by an adjudicator who decides cases on principles of equity according to law. Adjudicators are appointed from amongst advocates for a term of five years. The Small Claims Tribunal is regulated by the
Small Claims Tribunal Act.
How to start a small claims procedureProcedures before the Small Claims Tribunal are initiated by the filing of a Notice of Claim in the Registry of the Tribunal. The filing of the Notice of Claim may be made either physically at the Registry or else by electronic means i.e. online.
Online filing of the Notice of Claim
Notice of Claim - Reply Notice of Claim - Counterclaim Reply
Viewing information on Small Claims CasesSentenzi Online (Judgements Online) is one of the services that falls under the eGovernment initiative. It is offered by the Office of the Prime Minister so that more people will benefit from the use of information technology and communication services. This service brings together a collection of judgements given by the Courts of Justice of Malta from 1944 onwards. The researcher, in this collection, will find judgements of a certain interest and importance delivered by the Courts of Justice of Malta and Gozo.
This service is a very useful electronic research tool, thought to satisfy the requirements of Judiciaries, Lawyers, Notaries, Legal Procurators, Courts' Personnel, Law Students, Journalists and last but not least the Public in General. The service is free of charge, has unlimited use and presents no fees whatsoever to download copies of the judgements full text documents.
Sentenzi Online (Judgements Online) offers 5 services:
Selected Judgements
Judgements Archive 2001 Onwards
Judgements Last 12 Months
Judgements Last 15 Days
Search By Keywords
Apart from final judgements, the Sentenzi Online system displays also partial judgements (i.e. sentenzi in parte) and other information related to the case.
Any party may log in with one’s e-ID to ‘My Cases’ which is
accessible through the following website https://ecourts.gov.mt/onlineservices/ to view his or her case which is pending before the Small
Claims Tribunal. Once this Tribunal delivers judgement, the party
may also have access and read the judgement through ‘My Cases’
Appealing a Small Claims Courts Decision
An appeal shall lie from a decision of the Small Claims Tribunal to the Court of Appeal composed of one judge i.e. the Court of Appeal in its Inferior Jurisdiction.
How to appeal against a Small Claims Courts Decision
Any party to a cause before the Small Claims Tribunal who does not agree with the Tribunal’s decision may appeal therefrom by an application filed in the Court of Appeal within twenty days from the date of the Tribunal’s decision. The appeal application must be signed by an advocate and it may be filed
by an advocate, legal procurator or the party appealing.
The application may also be submitted online here.
european small claims
Council Regulation 861/2007 of 11 July 2007 establishing a European Small Claims Procedure seeks to improve and simplify procedures in civil and commercial matters where the value of a claim does not exceed €5,000.
The Small claims procedure operates on the basis of standard forms. It is a written procedure unless an oral hearing is considered necessary by the court.
The Regulation also establishes time limits for the parties and for the court in order to speed up litigation.
The Maltese Court accepts the application form in English and Maltese, by registered post, fax or electronically (forms must be digitally signed).
You can complete these forms online
hereInformation and the judgements of the European Small Claims will be included in the
Sentenzi Online (Judgements Online) website.
The right of appeal for a
European Small Claim then falls under national law, thus under the Small Claims Tribunal Act. Read the section "How to Appeal against a Small Claims Courts Decision" for more information on how to appeal.
