Seizure of bank accounts.
Our Mexican legislation has considered the seizure of bank accounts as a common practice.
However, for this to happen, you need to take into account:
1.- It must come from a court order.
2.- You have the right to be heard and defeated in court.
3.- It has to be done as the court order.
Can you repossess my payroll bank account?
If, however, legal experts do not at present agree on the appropriateness of seizing a payroll bank account, on the basis of various criteria, however many have agreed that people have fundamental human rights that under no circumstances can be curtailed as is the right to subsistence and cover our basic needs such as food, home, health, clothing, etc.
Nevertheless, it is important that you take into account that i) the minimum wage is unattainable and ii) People have the right to be respected the “minimum living”.
What’s the vital minimum?
The minimum of life is the resources that a person needs for his or her subsistence, in respect of which there are various criteria that hold that people have the right to have the minimum of life respected and therefore, This cannot be embargoed since with it we cover our basic needs such as food, home, health, clothing, etc.
If I earn more than the “vital minimum,” can the remnant be repossessed?
To answer this question it is important to determine that the minimum vital is a concept that can become subjective, because the needs of each person are different, so that the “minimum vital” for one person may be different from each other, For this purpose, some Judges and Courts have taken as a parameter the current General Minimum Wage and have determined that this is the one that cannot be embargoed.
What if my payroll account was repossessed?
In Bandala | Díaz | García we have lawyers who have the necessary experience to provide you with the legal advice you need with this and many more topics, do not hesitate to contact us.
The main purpose of this information is to provide guidance to the general public. It does not replace the provisions of applicable law. Nor does it replace the specialized legal advice or consultancy that can be offered by any of the lawyers and/or accountants of Bandala | Díaz | García