A diligencia de embargo is the order by which a public body seizes money or property to collect a debt that was not paid after a providencia de apremio. The usual target is a Spanish bank account: the bank blocks the amount and pays it to the authority. Tax refunds, wages, pensions and rent paid to you can be seized too.
How you find out
Often first from the bank — a blocked amount or a message — and then from the letter of the Agencia Tributaria, the town hall or its tax agency. Non-residents are frequently surprised: the earlier letters went to an old Spanish address or were published in the BOE, so the debt grew with surcharges before they knew about it.
What to do
- Identify the debt — the letter gives the creditor, the tax or fine, the year and the reference.
- Pay to lift it — paying the full debt, with its surcharge, interest and costs, ends the seizure; the authority then orders the bank to release the rest.
- Check the notifications — whether the original bill and the enforcement order were properly served on you.
- Appeal within one month (recurso de reposición) if there are grounds.
Grounds to appeal
The law allows only a few: the debt was already paid or has expired, the enforcement order was never notified, the seizure broke the rules — for example, part of a salary up to the minimum wage cannot be seized — or the procedure had been suspended. Disagreeing with the original tax or fine is not one of them at this stage.
A lawyer for debt and enforcement matters can find out where the debt came from, whether it was properly notified, and recover what was taken when it was not.
Prepared by Legal Help Tool. Last updated . General information, not legal advice.