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The Directorate General for Legal Certainty and Public Faith confirms that notifying the debtor and interested third parties of the seizure extension order is a substantial requirement of the enforcement procedure (Legal Grounds). Failure to prove such notification in the order prevents registration due to the risk of leaving the party undefended (Legal Grounds). The order must expressly certify who has been notified and how this requirement was met, in accordance with Article 85(a) of the General Collection Regulations (Legal Grounds).
For Public Administrations (such as the Public Economic Services Agency of the Málaga Provincial Council), omitting the certification of notification in seizure extension orders leads to the Registrar refusing registration (Facts I). This compels collecting entities to ensure their orders strictly comply with Article 85(a) of the General Collection Regulations to prevent the expiry of preventive annotations. For debtors, it guarantees the right to be informed of the extension to prevent a lack of legal defence (Legal Grounds).
The tax team reviews your specific situation.
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