After how long does a debt expire in Malta?
It depends on the type of debt — and not everything expires in 5 years. Under the Civil Code (Cap. 16), prescription is the way you are released from an action when the creditor fails to act within the time set by law. The everyday periods are shorter than you think: one year for wages and hotel bills (art. 2147), 18 months for the price of goods sold retail by a shop (art. 2148), two years for the fees of doctors, lawyers, notaries and architects (art. 2149), and 5 years for rent, interest and loans not made by public deed (art. 2156). The myth: that "every debt disappears after 5 years." No — many debts expire well before, and prescription does not cancel the debt automatically: it must be pleaded as a defence, and a partial payment or acknowledgment restarts the period from the beginning.
📋 The rules
- Different debts expire after different times under the Civil Code (Cap. 16): there is no single period for everything.
- One year (art. 2147): wages of servants and day-labourers, and hotel and lodging bills.
- 18 months (art. 2148): the price of goods sold retail by shops, and the work of tradesmen such as tailors and carpenters.
- Two years (art. 2149): the fees of doctors, pharmacists, lawyers, notaries and architects, and building contractors.
- Five years (art. 2156): rent, interest, loans not made by public deed, and general debts from commercial transactions.
🔓 Exceptions
- A partial payment or acknowledgment of the debt restarts the prescription period from the beginning — the clock is reset to zero.
- Prescription does not cancel the debt automatically: it must be pleaded as a defence in court, and since 2017 the person pleading it must declare on oath that they owe nothing or do not remember paying (art. 2160).
- A court judgment on a debt has its own long prescription, far longer than these short periods.
⚠️ Penalties & fines
Prescription can slip through your fingers if you are not careful. The biggest trap is that a partial payment or a written admission restarts the count from the beginning: a shop debt that had almost expired at 18 months can become enforceable for a full further 18 months with a single euro paid. Conversely, a creditor cannot simply wait: if it fails to act in time, it loses the right to take the debt to court. But even when a debt is time-barred, it does not vanish on its own — prescription must be pleaded as a defence, and since 2017 the debtor must declare on oath that they owe nothing or do not remember paying. Someone who merely says that time has passed, without denying the debt, may end up acknowledging it. And once a creditor obtains a judgment, that carries a fresh, long prescription, along with court costs, interest and the possibility of enforcement against your wages or accounts.
📎 Official sources
- Legislation Malta · Civil Code (Cap. 16) — prescription of debts →
- Legislation Malta · Code of Organization and Civil Procedure (Cap. 12) →
- Courts of Malta · judgments and procedures (eCourts) →
❓ Frequently asked
Does every debt expire after 5 years?
No, that is a common misconception. Many everyday debts expire much sooner — the price of goods from a shop in 18 months, professional fees in two years, and wages or hotel bills in one year. The five years apply mostly to rent, interest and loans.
If I pay a little of the debt, what happens?
A partial payment or a written acknowledgment interrupts prescription and restarts the period from the beginning. This means that even one euro paid on an almost-expired debt can give the creditor a full new period to claim the rest.
Does the debt vanish on its own when it expires?
No. Prescription does not cancel the debt automatically — it must be pleaded as a defence in court. If you do not plead it, the court can still order you to pay, even though the time has passed.
Is it enough to say that time has passed?
No, not since 2017. Under article 2160, whoever wants to rely on prescription must declare on oath that they owe nothing or do not remember paying. Someone who merely says that time has passed, without denying the debt, may be taken to acknowledge it.
And if the creditor already has a judgment?
In that case the short periods no longer apply: a court judgment has its own, far longer prescription. The creditor can then enforce the judgment by means such as a garnishee on your wages or bank accounts.
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