Taking "embargos" from bank accounts

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05 Jan 2013 1:25 PM by ufotour Star rating. 11 posts Send private message

 

What do people think about the fact that Spanish law allows councils/Hacienda etc. to automatically take money out of people's bank accounts without having to go through any court proceedings? I've often thought that this ought to be challenged in the European Courts. It seems incredible, particularly in the current climate, when people are already in a difficult situation, that this practice goes on completely unchallenged. Perhaps Eye on Spain would be a good forum to look into the ultimate legality of  this procedure.

Regards

Andrew Jarman

Seville





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05 Jan 2013 4:01 PM by ms51 Star rating in uk/Los Alcazares. 100 posts Send private message

If you have the money in your account in the first place, then pay what you owe, then you would not have to have it taken out??

The council can do it here if you have not paid your council tax, infact they can take it straight out of your wage packet





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05 Jan 2013 5:08 PM by ufotour Star rating. 11 posts Send private message

 In reply to ms 51: I'm not saying that you should avoid paying local taxes/fines. My point is that in the UK for instance, if you are fined or in debt to the council but can't pay at one go, you can pay weekly/monthly amounts. Here, the lump sum just gets removed whether it will leave you in hardship or not - and the money is sometimes frozen in your account before you are notified, leaving you no time to make alternative arrangements. It would be interesting to know if there are other European countries which do the same. Anyone I've mentioned it to in the UK is always amazed that Spanish law allows it. 





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05 Jan 2013 6:20 PM by guslopez Star rating in Lorca, Murcia.. 744 posts Send private message

"  Here, the lump sum just gets removed whether it will leave you in hardship or not - "

 

No it is illegal !

Here are the rules, Unfortunately many don't follow them as they either don't know they exist, assume that you don't know they exist so they can get away with it , or are just ****ing stupid.

If you have no income , or income below the inter professional minimum, they cannot take anything. If you have income below those shown in the regulations there are specific % that they can take. See 607 Number 1.

 

http://noticias.juridicas.com/base_datos/Privado/l1-2000.l3t4.html#c3s5

 

 



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Todos somos Lorca.




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05 Jan 2013 6:20 PM by guslopez Star rating in Lorca, Murcia.. 744 posts Send private message

"  Here, the lump sum just gets removed whether it will leave you in hardship or not - "

 

No it is illegal !

Here are the rules, Unfortunately many don't follow them as they either don't know they exist, assume that you don't know they exist so they can get away with it , or are just ****ing stupid.

If you have no income , or income below the inter professional minimum, they cannot take anything. If you have income below those shown in the regulations there are specific % that they can take. See 607 Number 1.

 

http://noticias.juridicas.com/base_datos/Privado/l1-2000.l3t4.html#c3s5

 

 



_______________________

Todos somos Lorca.




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