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V4180-16 30 September 2016 · SG de Tributos Criterion in force
OTRO · embargo de salarios

Seizure limits apply to the sum of monthly salary and extraordinary payments

A query was raised regarding whether the limits on the seizure of wages should apply to the combined total of ordinary monthly salary and extraordinary payments. The Directorate General for Labour (DGT) has ruled that they must be applied to the total of all accumulated earnings.

The question raised

Should the seizure limit on salaries be applied to the total amounts received, that is, to the sum of the ordinary monthly payment and the extraordinary payment?

The DGT's ruling

The seizure limits set forth in Article 607 of the LEC must be applied to the total amount of accumulated monthly earnings, including the ordinary monthly salary and the extraordinary payment. This is because, if the judgment debtor receives more than one payment, all of them are accumulated to deduct the non-seizable portion only once.

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