The Garnishment of payroll or pension It is an assumption that the law contemplates, although the possibilities, especially in the second case, are quite limited, we are exposed to it in certain circumstances, so we want to clarify in what assumptions it can occur and how to avoid it.
Can your pension be garnished?
According to Social Security, the pensions of the national Social Security system can be seized, in accordance with the scale provided in the art. 607 of the Civil Procedure Law, if the amount of the benefit exceeds the amount of the minimum interprofessional salary in force at all times. Currently the SMI in Spain is 1,050 euros per month, since although officially it is considered that it rose to 900 euros per month, the SMI is established with respect to 14 annual payments.
If wages, salaries, pensions or remuneration are subject to permanent or transitory discounts of a public nature, obeying tax, tax or Social Security legislation, the effective amount that the holder would receive, deducting the discounts, will be the one that serves as reference to regulate the embargo.
Exempted from the general rule are the cases of execution of judgment that condemn the payment of alimony in all cases in which the obligation to satisfy them comes directly from the law, this includes the pronouncements of the judgments issued in processes of nullity, separation or divorce on alimony owed to the spouse or children. In these cases, as well as in those of the corresponding precautionary measures, the judicial body will set the amount that can be seized.
If it is higher, art. 607 of the Civil Procedure Law establishes the following rules:
- For the additional amount up to the amount of twice the minimum interprofessional salary is 30% liable; for the additional amount up to the amount equivalent to a third minimum interprofessional salary, 50%; for the additional amount up to the amount equivalent to a fourth minimum interprofessional salary, 60%; for the additional amount up to the amount equivalent to a fifth minimum interprofessional salary, 75%; and for any amount that exceeds the previous amount, 90%.
- Prior to an embargo, a court ruling is necessary to determine the existence of the debt and the amount, and then a judicial resolution in the execution procedure that agrees on the embargo. The Tax agency you can garnish what is owed to you and an appeal may always be filed before the ordinary jurisdiction, which is ultimately the one that resolves the dispute.
Can your payroll be garnished?
There are various assumptions for the seizure of payroll, among which the following are distinguished:
Garnishment of the payroll for non-payment of the mortgage
In the case of non-payment of a loan, the bank must initiate a judicial foreclosure proceeding. Dictated sentence by the Court, recognizing the debt, the seizure is decreed, according to the rules established by the Civil Procedure Law. Once the attachment of the payroll has been decreed, the percentages to be withheld from the salary are determined. When initiating the execution procedure, the debtor who has not made the payment, can point out the assets that are liable to seizure.
In the event that no goods are indicated, The Court may carry out an asset investigation of assetsFor example, request the company you work for from Social Security in order to communicate the garnishment and withholding of salary.
Garnishment of payroll for not paying alimony
Alimony is the legal obligation imposed in a separation or divorce proceeding, whereby the obligor (obligor) has the duty to defray the necessary expenses for the subsistence of the other spouse (obligee). Through this procedure, The player is asked to seize sufficient assets to guarantee the payment of alimony.
Previously, in case it is unknown, the patrimonial inquiry of assets can be requested, through the Judicial Neutral Point. One of the susceptible assets is the salary or salary of the spouse who does not meet the obligation to pay alimony.
How to avoid the garnishment of the payroll or pension
If it is adopted by an administrative authority, for example in case of fines, or by the Treasury or a Social Security garnishment, it is necessary to examine whether the procedure by which the freezing has been carried out is appropriate, and, if applicable, appear at said procedure to request the administrative file, to see if the procedure has been legally followed.
If the procedure has not been scrupulously complied with, we may file the corresponding administrative appeals. The administrative route has been exhausted, there will be no other option than to file an administrative contentious appeal in court. In the event that the seizure has been adopted by a civil, criminal, labor or contentious-administrative court, we are facing a previous procedure in which a monetary debt has been declared and a subsequent execution procedure.