Breach of Contract Letter (Malta): Private Demand or Judicial Letter
Updated on 22 August 2026
In Malta there are two quite different documents behind the phrase "breach of contract letter", and choosing the wrong one costs you either money or leverage. The first is a private demand letter: a well-drafted, dated, delivered letter that sets out the breach, demands a remedy and reserves your rights. The second is a judicial letter — a judicial act filed in court and served on the other party — which does things a private letter simply cannot.
That difference is the whole point of this page. A judicial letter under article 166A of the Code of Organization and Civil Procedure can, where the claim does not exceed €25,000 and is certain, liquid and due, become an executive title if it is duly served and remains unanswered for 30 days — which means enforcement without filing a case. Separately, prescription is interrupted by a judicial act served on the other party, not by an ordinary letter, and no interruption takes place if the act is not served before the expiry of one month from the last day of the prescriptive period. This template gives you the private letter, drafted properly, and tells you when to stop and instruct a lawyer to file the judicial letter instead.
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Other details
Letter of Demand — Breach of Contract
- Date:
- From:
- , (),
- To:
- , ()
- Notice address used:
- Delivered by:
- Contract:
- dated , reference
Dear ,
This is a formal letter of demand concerning a breach of the contract identified above. It is a private demand and not a judicial act. It is sent to the notice address the contract specifies, by the method stated, by me as .
1. The Obligation and the Breach
The contract required the following: Performance was due on .
What actually happened:
Amount claimed: . Other loss and cost, so far as it can be quantified today:
2. Our Own Performance
For completeness: If you say any obligation of ours is outstanding, please identify it in writing with particulars so it can be dealt with rather than asserted generally.
3. What We Require
We require:
Under the of the contract you have the opportunity to remedy this breach, and we require it to be remedied by in accordance with that clause.
If the breach is not remedied by that date:
4. Documents
We enclose or attach the following: Please tell us promptly if you need any further document in order to respond, and provide the documents you rely on with your reply.
5. Resolving This Without Proceedings
We would prefer to resolve this without proceedings and are willing to discuss the matter or to take part in mediation. Please say in your reply whether you are willing to do so and what form you propose.
6. Reservation of Rights
Nothing in this letter, and no delay, discussion or indulgence on our part, waives or limits any right or remedy available to us under the contract or at law, including any right to dissolve the contract, to suspend performance, to withhold payment, to claim damages, interest and costs, or to commence proceedings. All rights are expressly reserved.
7. Note for the Sender's Own File
For the sender's own record: this private letter does not interrupt prescription. Only a judicial act that is filed and served on the other party interrupts it, and it must be served in time. If the prescriptive period for this claim may be approaching, take advice without delay rather than continuing to correspond. Delete this section before sending if you prefer.
8. Response
Please respond in writing by to , saying what you will do and by when. If we receive no substantive response by that date we will proceed on the basis set out above.
Yours faithfully,
Signed
Date:
When a private letter is the right instrument
Most disputes should start with a private demand. It is fast, it costs nothing, it often works, and it creates the dated record you will rely on later. It is also the right choice where the amount is disputed, where the claim is not for a liquidated sum, or where you want to preserve a commercial relationship.
What a private letter cannot do is interrupt prescription or become enforceable by itself. So this template asks for the particulars, sets a deadline, reserves rights, and includes an express prompt to consider the judicial route if the deadline passes — rather than letting a letter-writing cycle run until a time bar closes the door.
When the judicial letter is worth the cost
The article 166A route is designed for a specific shape of claim: not exceeding €25,000, and certain, liquid and due in accordance with law. Where it applies and the judicial letter is duly served at an address in Malta and left unanswered for 30 days, it constitutes an executive title against the debtor, so the creditor can move to enforcement without first filing an ordinary claim. For a straightforward unpaid invoice that is a substantial advantage.
The other reason to file a judicial act is prescription. Prescription is interrupted by the filing of a judicial act served on the party against whom it is directed — filing alone is not enough, service is what counts — and case law is strict that no interruption occurs if service does not happen before one month has passed from the last day of the prescriptive period. If your claim is anywhere near a time bar, a private letter is not the instrument you need.
Particulars, and putting the debtor properly in default
A letter saying performance has been "unacceptable" achieves nothing. Identify the obligation, the date it was due, what actually happened and the loss so far — and state what you require and by when. Malta's law of obligations is codified, so a demand that identifies the obligation and grants a period to perform is doing recognisable legal work, not just applying pressure.
This template also includes a short confirmation of your own performance, because the first response you will get is an allegation that you breached first, and asks for particulars of any counter-allegation rather than leaving it as a general assertion.
Delivery, records and what not to say
Send the letter by a method that produces a record — registered post with proof of delivery, courier with signature, or email with a retained delivery confirmation — and use the address the contract's notice clause specifies. If you later need to show when the demand was made, a receipt is worth more than a recollection.
Two things to avoid. Do not present a self-written letter as though it came from a lawyer: that was the source template's central flaw, and it is both misleading and easy to expose. And do not describe a private letter as a judicial letter or suggest it has effects it does not have — the two are distinct instruments and conflating them undermines the letter you are actually sending.
Part-by-part guide to the letter
- Heading and route
- Marks the letter as a private demand and records whether a judicial letter is being considered as the next step.
- Sender and recipient
- Your details and the recipient's contract notice address, with identification or registration numbers.
- Contract identification
- Contract name, date and reference so there is no doubt which agreement is in issue.
- Service statement
- How the letter was delivered, so the date of the demand can be proved.
- Particulars of the breach
- The obligation, the date due, what actually happened and the loss so far.
- Your own performance
- Heads off the standard counter-allegation and asks for particulars of it.
- What you require, and by when
- The remedy sought and the deadline, under the contract's cure clause or as a reasonable period.
- Interest
- Optional. The contract rate, without importing another jurisdiction's statutory figure.
- Consequences and next steps
- What happens if the deadline passes, including the possibility of a judicial letter or proceedings.
- Prescription note
- Optional. Records that the sender is aware a private letter does not interrupt prescription.
- Settlement discussion
- An offer to discuss or mediate, kept separate from the formal demand.
- Reservation of rights
- Confirms that allowing time waives nothing.
- Response required
- A named contact and a date, so silence becomes a documented choice.
Malta points to check before sending
Know what a judicial letter can do that this cannot
A judicial letter under article 166A of the Code of Organization and Civil Procedure may be used where the claim does not exceed €25,000 and is certain, liquid and due; if duly served and unanswered for 30 days it constitutes an executive title, allowing enforcement without filing a case.
Code of Organization and Civil Procedure (Cap. 12)Remember that only a served judicial act interrupts prescription
Prescription is interrupted by the filing of a judicial act served on the party against whom it is directed. Filing without service does not interrupt it, and no interruption occurs where the act is not served before one month has passed from the last day of the prescriptive period.
Identify the prescriptive period that applies
Different claims carry different prescriptive periods under Maltese law, and commercial claims can be shorter than people expect. If time may be short, instruct a lawyer rather than continuing to correspond.
Follow the contract's notice clause
A notice given otherwise than as the contract requires may be ineffective. Use the specified address and method and keep proof of delivery.
Do not invent an interest rate
Claim the rate the contract provides. Interest on commercial debts and on judgments is governed by Maltese legislation, so do not state a figure borrowed from another jurisdiction.
Do not conflate the two instruments
A private letter is not a judicial letter and does not have its effects. Describing it as one is misleading and weakens the document you are actually sending.
Do not imply a lawyer wrote it
Send the letter in your own name unless a lawyer is genuinely instructed — and note that filing a judicial letter is a step you will normally take through a lawyer or legal procurator.
How to complete this letter
- Decide which instrument you need. If the claim is liquidated, under the article 166A threshold, or near a prescriptive period, take advice about a judicial letter before spending time on a private demand.
- Check the notice clause. Find the contract's notice address and method and use them.
- Set out the breach. Enter the obligation, the date it was due, what happened and the loss so far.
- Choose the deadline basis. Use the contract's cure period if there is one; otherwise set a reasonable period and say so.
- State the consequences. Say what you will do if the deadline passes, including whether a judicial letter or proceedings will follow.
- Send it with proof. Download, send by registered post or another method that produces a record, keep the receipt and diarise the deadline.
Frequently asked questions
What is the difference between this letter and a judicial letter?
This is a private demand: a dated, delivered letter setting out the breach, demanding a remedy and reserving rights. A judicial letter is a judicial act filed in court and served on the other party. The judicial route can do two things a private letter cannot — under article 166A it can become an executive title where the claim does not exceed €25,000 and is certain, liquid and due and it goes unanswered for 30 days after due service, and a served judicial act interrupts prescription.
Does sending a private letter stop the clock on prescription?
No. Prescription is interrupted by a judicial act that is served on the other party — filing alone is not enough, and case law is strict that service must happen before one month has passed from the last day of the prescriptive period. If your claim may be close to a time bar, a private letter is the wrong instrument and you should take advice immediately.
When is the article 166A route worth using?
When the claim is straightforward and liquidated: not exceeding €25,000, and certain, liquid and due. An unpaid invoice with no genuine dispute is the classic case. If the judicial letter is duly served and goes unanswered for 30 days it constitutes an executive title, which means you can move to enforcement without first filing an ordinary claim — a significant saving of time and cost.
Do I need a lawyer?
Not to send this private demand — a party can demand performance itself, and this template is written to be sent in your own name. For a judicial letter you will normally act through a lawyer or legal procurator, and you should take advice where the sums are significant, the claim is contested, or prescription may be close.
How long should I give them?
If the contract sets a period for remedying a breach, use it. Otherwise allow a period that is genuinely sufficient for the obligation involved — commonly 14 to 30 days for commercial performance. Note that the 30-day period associated with the judicial letter route is a separate statutory period and not a benchmark for a private demand.
Can I claim interest?
Claim the rate the contract provides. Interest on commercial debts and on judgments is governed by Maltese legislation, so do not import a figure from an English or American template. Keep the principal and any interest claim separate so the numbers reconcile.
How should I send it?
By the method the contract's notice clause requires, and by a route that produces a record — registered post with proof of delivery, a signed-for courier, or email with a retained delivery confirmation. The date of the demand can matter later, and proof is cheap at this stage.
Related templates
Disclaimer
This template and guide are general information about Maltese practice, not legal advice, and nobody has reviewed your dispute. Prescriptive periods, the availability of the judicial letter route and enforcement procedure are technical and unforgiving; take advice from a lawyer or legal procurator before relying on this letter or letting a deadline pass.
