The attachment of goods is one of the legal tools used to recover debts in Portugal. Whenever a debtor does not comply with their obligations, whether to the State, private or even private institutions, creditors may resort to this mechanism to ensure payment through the seizure of heritage.
According to the ekonomist, the attachment can focus on different types of property, from real estate and cars to bank accounts and salaries. The case is conducted by an enforcement agent appointed by the court, responsible for identifying, seizing and selling the assets necessary to settle the debt and court costs.
When and how the attachment occurs
The appeal to attachment arises when there are no other forms of voluntary collection. According to the same source, if at the end of three months no pledged assets are found, the execution process ends, preventing it from extending indefinitely.
There is also the possibility of resorting to the Pre-Executive Extrajudicial Procedure (PEPEX), which allows the creditor to evaluate, more fast and less expensive, if the debtor has assets susceptible to attachment.
What goods can be pledged
The law establishes an order of preference. Usually, it starts with the money available, precious stones and metals. Real estate, vehicles, jewelry, works of art, appliances or even inheritance fractions can also be pledged.
According to the ekonomist, the attachment can also reach bank accounts, salaries, aforro certificates and other financial products. The plaintiff, that is, who asks for the attachment, may indicate which assets to be seized first, but this indication must respect the law and proportionality compared to the amount of debt.
The home and the legal protection
One of the most sensitive questions is the attachment of own and permanent housing. Law No. 117/2019 came to introduce limits, stipulating that it can only be pledged under very specific conditions, such as when the amount in execution is less than 10,000 euros and there are no other assets to pay off debt in 30 months.
Law No. 13/2016 provides that, in certain cases, even if there is attachment, the house cannot be sold immediately. Explains the ekonomist that if the property is first housing, with equity value up to 574,323 euros, the debtor can remain as a depositary and continue to reside in the property.
However, these safeguards apply only to tax pledge, such as tax or social security debts. If the attachment originates from a private entity, such as a bank, these protections are no longer guaranteed.
Wage
Also income can be executed. The law allows the attachment of up to a third of the salary, provided that the debtor is assured a net income never less than the national minimum wage, currently fixed in 870 euros. In this calculation include subsidies and extraordinary hours, after discounted taxes and contributions.
Non -pledged goods
Not all goods can be seized. Among the absolutely unenforceable are inalienable rights, public domain goods, personal correspondence, objects of worship, tombs and animals of company. There are still relatively unenforceable goods, such as those indispensable for the exercise of the profession or the functioning of the domestic economy. In these cases, they can only be pledged if the debt is directly related to their acquisition or repair.
The role of the execution agent
It is the execution agent that conducts the entire process: communicates with banks to block accounts, notify employer entities in case of salaries, seize vehicles and generate the sale of goods. Depending on the nature of the goods, the process may imply immobilization of vehicles, seizure of housing filling or temporary management of commercial establishments.
How to avoid the attachment
The attachment is considered a last appeal. Prior to that, there are mechanisms such as Pari (Action Plan for the risk of non -compliance) and Persi (extrajudicial procedure for regularization of non -compliance situations), which allow you to negotiate time -term deadlines or payments.
According to it, it is still possible to resort to personal insolvency, which suspends the pledges and can lead to partial forgiveness of debt.
Also read:
