Garnishment of bank accounts with several account holders: What can I do?
The seizure of bank accounts with several account holders is a controversial measure because it is detrimental to several people. But is it feasible? We define it in this article.
Is it possible to seize bank accounts with several account holders?
The seizure of bank accounts is technically possible, according to the Civil Procedure Act (LEC). However, the criterion of proving who has provided the money is necessary.
For example, an account can be in the name of more than one person, yes, but perhaps one has contributed 90% of the total, while another has only contributed 10%. But if the second is the debtor, technically the other could be harmed by the attachment. For this reason, it is advisable to know the financial situation of the other person well when making a joint account.
This situation of seizing both parties regardless of their debts (if they are not married in community of property) is clearly unfair, but it is only through case law that nuances have been introduced regarding the amounts. So let’s see what the possibilities are
How can I avoid having my account seized with another account holder if I don't owe any money?
The main condition to avoid the seizure of bank accounts of several account holders is to prove the origin of the money. This means that the court will only seize the debtor’s share of the money. In some cases 33 %, in others 50 %, in others less.
How to prove the origin of the money and avoid the loss? As mentioned above, basically by providing documentation. Here are some examples, together with the NIF to be provided:
- Certificates of no debts: if there are no creditors, you must also provide a certificate of no debts with the Tax Agency or the Social Security.
- Register of deposits, transfers and origin: it is essential to provide the register of deposits and contributions to the account, as old as possible. Particularly if this includes the source of the contributions (an account of another account holder, for example, or a payslip).
- Paychecks or proof of income: if the paycheck of the account holder who does not owe is paid directly into this account, it is much easier, since there is a nominative proof of income. If there is a company or if you are paid for nominative services, this is also a way to justify it.
- Any other means proving the origin of the balance: the receipt of nominative allowances or subsidies are also proof of income. It should therefore be taken into account.
If it is proven that almost the entire balance provided is that of the non-attachable holder, only the part that can be attributed to the other holder will be attached. As the process is complex, it is sometimes necessary to have legal representation. And, if a large amount of capital is involved, it is essential to fight this issue.
A summary...
The attachment of bank accounts with several account holders is legally possible. However, there are ways for the holder who does not owe money to safeguard his money. Do you have this problem? At Asesoría Orihuela Costa we can tell you how to proceed and help you, contact us without obligation and we will explain it to you!
