Protecting Untaxable Income: Legal Strategies with Atalanta and Lawyers

In Spain, a significant number of citizens are unaware of their rights regarding the protection of the minimum wage against unjustified seizures. Every day, families and self-employed workers face the seizure of essential income, such as the minimum wage, child support or benefits, despite the law establishing clear protection for these fundamental resources.

The law firm Atalanta y Abogadas, specialized in the Second Chance Law, has emphasized that there are simple and effective strategies to address improper seizures and ensure debtors’ rights. In the event of a seizure, these measures allow for a swift and effective response, avoiding errors that could lead to additional procedures and increased legal costs.

In Spain, non-seizable income is regulated by Article 607 of the Civil Procedure Law (LEC), which protects essential incomes and establishes a retention scale that only applies to amounts exceeding the Minimum Interprofessional Salary (SMI). Furthermore, Article 588 of the LEC focuses on the seizure of assets during execution proceedings, particularly emphasizing deposits and bank accounts.

To safeguard salaries and other similar incomes, it is important to consider several aspects. If salaries, pensions or other sources are deposited into a seized account, the seizure limitations set by law must be respected. However, in practice, there is often not a proper distinction made between protected incomes, which can lead to the violation of the rights of those affected. For this reason, it is crucial to take preventive measures to ensure the correct identification of non-seizable incomes before the court.

One recommendation is to establish separate bank accounts for each type of income, which simplifies demonstrating to the court that the seized money comes from non-seizable sources. It is also advisable to inform the bank of the characteristics of each account and provide documentation justifying the nature of those funds. Although the bank cannot stop a seizure, proper management of the accounts can be key in this process.

Atalanta y Abogadas suggest that, in case of an improper seizure, specialized legal advice should be sought. Opening separate accounts and obtaining a certificate from the bank confirming the exclusive use of these accounts can serve as evidence in a potential trial, facilitating legal defense and allowing for a quicker opposition to the seizure.

Protecting non-seizable incomes involves simple yet effective actions, such as separating accounts and properly documenting funds. These strategies prepare debtors for potential seizures and strengthen their legal defense, ensuring a quicker recovery of their resources. This translates into safeguarding the financial stability of self-employed workers and families across the country. With over 20 years of experience and offices in different regions of Spain, Atalanta y Abogadas offers a free feasibility study for those in need of guidance in this area.

Referrer: MiMub in Spanish

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