Unfortunately, a person can carry debt until retirement age, which will be directly reflected in what they receive from pension. However, in this context, the regulations in Spain stipulate certain limits regarding the amount to be seized in certain cases, such as pensioners. Although they’re not the only ones.
Likewise, certain percentages are established for salaried workers who receive a monthly salary, such as the minimum wage. In this context, the regulations stipulate limits regarding the amount to be seized in specific cases: accounts with salaries, pensions or salaries in accordance with the Article 607 of the Civil Procedure Law (LEC).
The maximum amount that can be garnished from the pension
The General Social Security Law establishes limits or percentages, which must be respected and which are established based on the amount. It is only possible to seize the pension if the amount exceeds the Minimum Interprofessional Wage. It should be remembered that on February 14, the Government of Spain, at the request of the Ministry of Labor and Social Economy, led by Yolanda Díaz, approved the rise of the SMI to 1,080 gross euros per month divided into 14 payments, for 40 hours of work at week.
Therefore, below 1,080 euros gross per month, the pension is considered unattachable. In any case, it is essential to bear in mind that there are assets that cannot be seized by law. In this sense, it is important to keep in mind three aspects:
- The law prevents garnishment of the entire salary. At most, you can withdraw the part that exceeds the minimum interprofessional salary (SMI), which currently in Spain is 1,000 euros per month in 14 payments.
- If you have various accumulated debts, it would not be possible to cost it and withdraw all the money at once. Instead, claimants should follow the order established by a judge. In this way, when the entirety of a debt has been covered, the next one would begin to be paid.
- Are The following assets cannot be seized: pets, furniture and non-superfluous household items, necessary clothing, food and fuel necessary to survive, essential tools to work, sacred goods, interprofessional minimum wage (SMI) and goods without patrimonial content.
What percentage of the pension can they garnish me?
According to Article 607 of the Civil Procedure Law (LEC), the salary or pension that does not exceed the minimum interprofessional salary is unattachable.
- SMI (1,080 euros per month in 14 payments in 2023): unattachable.
- Up to a second SMI (from 1,080 euros to 2,000 euros): embargo of 30%.
- Up to a third SMI (from 2,000 euros to 3,000 euros): 50% seizure
- Up to a fourth SMI (from 3,000 euros to 4,000 euros): 60% seizure.
- Up to a fifth SMI (from 4,000 euros to 5,000 euros): 75% seizure.
- From a sixth SMI (Over 5,000 euros): embargo of 90%.
In addition, exceptionally, the law grants the court clerk the Possibility of applying a reduction on the seizable amounts of between 10% and 15% of the percentages of the first four sequesterable tranches. This is done based on the family responsibilities of the affected person. This scale is only applicable to income that is computed as payroll or pension.
