On 8 May 2025, the Family Court of Limassol examined a creditor’s application for repayment of a large judgment debt in monthly instalments. After thorough hearing and presentation of evidence by our defence, the Court found that our client could not meet the excessive amounts demanded. It recognised the need to ensure a dignified standard of living for him and his children and set instalments at just €100 per month.
Legal Framework (summary)
The procedure was based on the provisions of the Code of Civil Procedure, Cap. 6 (Articles 82–87), which allow the Court to examine the debtor’s financial means and issue an order for monthly instalments.
- The burden of proof lies with the debtor, who must make full disclosure of assets (see Vassiliades v. Tsouris (2007) 1(A) A.A.D. 43).
- Repayment must be compatible with the basic needs for a dignified standard of living of the debtor and family (see Panayiotou v. Michael (1998) 1 A.A.D. 422).
Practical Implications
- The Court assesses the actual financial capacity, not just the size of the debt.
- Expenses deemed excessive or unsupported are disregarded.
- The needs of dependent children are taken into account.
- The Court can impose realistic instalments to ensure both enforcement of the judgment and dignified living.
Key Takeaways
- Documentation: Collect proof of income and essential expenses (bills, payslips, allowances).
- Legal guidance: A complete presentation before the Court is crucial for setting realistic instalments.
- This information comes from a case handled by our firm, Application No. 14/2015.
Note: The above information is of a general nature and does not constitute legal advice. For assessment of your own case, contact us.