A court ordered you to pay: what can be seized (embargo)?

Terms used

• Embargo — The embargo is a court-ordered seizure of your money, income or property to pay a debt.
• Recurso de reposición — The recurso de reposición is a challenge filed with the same court against a seizure decree.
• Recurso de revisión — The recurso de revisión is a challenge against decisions of the court's letrado.
• Oposición a la ejecución — The oposición a la ejecución is your objection to the enforcement order, allowed only on limited grounds.
• Tercería de dominio — The tercería de dominio is a claim by someone else who owns the goods that were seized.
• Letrado — The letrado is the court's procedural officer, who handles many steps of the case.

Key rules

• Protected pay: Salary and pensions up to the minimum wage cannot be seized.
• Everyday items: Household furniture and the tools you need for work are protected.
• Bank accounts: An account can be seized, but the salary protection still applies to wages and pensions paid into it.
• Deadlines: The deadline to challenge the seizure decree is 5 business days, and 10 business days for oposición a la ejecución.
• No automatic stop: A challenge does not pause the seizure unless the court says so.

What the court cannot take

A seizure (embargo) always leaves you a protected minimum. Your salary, pension and similar income up to the minimum wage (SMI) cannot be seized. The court also cannot take household furniture and items that you and your family need, or the tools you need for your work or profession.

How much of your salary can be seized

Only the part of your income above the SMI can be taken, and the share rises in steps. Each step is one SMI wide:

• First SMI above the minimum: 30% can be seized.
• Second: 50%.
• Third: 60%.
• Fourth: 70%.
• Fifth: 80%.
• Anything beyond that: 90%.

The government sets the SMI every year. In 2025 it was 1,184 euros in 14 payments (16,576 euros a year). Check the current figure for 2026 before you work out your own numbers.

Bank accounts and your home

A bank account can be seized. But if your salary or pension is paid into it, the protected minimum above still applies to that money. If the bank freezes more than it should, tell the court and ask for the excess to be released.

Your main home can legally be seized, but in practice procedural rules make that harder. Some vulnerable households with a mortgage also have extra protection. What applies depends on your case, so get advice from a lawyer or your local free legal aid service.

How to challenge a seizure

You have several routes, and the deadlines are short. The timeline below shows them in order.

• Against the seizure decree: file a recurso de reposición within 5 business days.
• Against decisions of the court's letrado (procedural officer): file a recurso de revisión.
• Against the order to pay: file oposición a la ejecución within 10 business days of notice of the order. It is allowed only on limited grounds.
• To reduce or improve the seizure: ask the court to cut it or to swap the seized goods for others.
• If the seized goods are not yours: the owner files a tercería de dominio.

Challenging a seizure usually does not stop it straight away. It stops only if the court says so, so ask for that in your filing. Deadlines vary by type of decision, so read the notice you received and count the days from the day you were notified. Act quickly and get a lawyer if you can.

Timeline and deadlines

• File a recurso de reposición against the seizure decree: Within 5 business days of notice of the decree

• Ask the court to reduce or improve the seizure: At any point while the seizure is in force

• If the seized goods belong to someone else, that person files a tercería de dominio: As soon as they learn of the seizure

Frequently asked questions

Can my bank account be seized if my salary is paid into it?

Yes, a bank account can be seized, but the protected part of your salary or pension stays protected even when it sits in the account. Income up to the minimum wage cannot be taken. Only the part above it is seized, in tranches that rise from 30% to 90%.

How much of my salary can be seized above the minimum wage?

Only the part above the minimum wage can be seized, and it is taken in tranches. You lose 30% of the excess up to one minimum wage, then 50%, 60%, 70% and 80% for each further tranche, and 90% beyond that. In 2025 the minimum wage was 1,184 euros in 14 payments.

Can the court take my home or my furniture?

Your furniture and items essential for you and your family are protected, as are tools you need for your work. Your main home can be seized, but procedural rules and, for some vulnerable households, mortgage protections can shield it. Ask a lawyer how this applies to your case.

Does challenging a seizure stop it straight away?

No, challenging a seizure generally does not stop it unless the court says so. You can ask the court to reduce or improve the seizure while your challenge is pending. Act quickly, because the deadlines are short.