How long can it take to have an attachment lifted?

Question

José Manuel Alburquerque · Accepted Answer

There is no fixed timescale, because it depends on the court and on how payment is made. For the attachment (seizure) to be lifted, everything claimed in the enforcement proceedings must be paid, which includes the interest and the costs as well as the debt. Once full payment is on record, the court issues a decision that ends the enforcement and orders the attachments to be lifted. The orders to the banks and to the employer are usually complied with quickly, but several months may go by if the interest and the costs have to be calculated first or the attachment has to be discharged at the “Registro de la Propiedad”, the Land Registry. What has to be paid The attachment remains in place until the creditor has been paid in full. When the court orders enforcement, which is the procedure for compelling payment, it sets the amount claimed and adds a further provisional amount for the interest and the costs of the enforcement, which generally cannot exceed 30 % of the amount claimed. The costs are mainly the fees of the creditor's lawyer and court agent (“procurador”). If you pay only the principal debt, the attachment remains in place for the interest and the costs until they are calculated and paid. The steps and the timescales The lifting of the attachment normally follows these steps: Payment. The safest course is to pay the money into the court's deposit account (“cuenta de consignaciones”), quoting the case number. If you pay the creditor directly, the court must be informed, with proof of payment. Calculating the interest and the costs, if they are outstanding. The creditor submits its calculation of the interest, the court assesses the costs and the parties have a time limit to dispute them, which can take weeks or months. The decree ending the enforcement and ordering the attachments to be lifted, which is issued by the court clerk (“letrado de la Administración de Justicia”), the official in charge of the enforcement at the court, once the creditor has been paid in full. Notice of the lifting, usually sent electronically, to the banks, the employer or the “Dirección General de Tráfico” (DGT), Spain's traffic authority. If the attachment is entered in the Land Registry, the court also issues an order (“mandamiento”) to discharge it, which must be submitted there. Between full payment and the lifting of the attachments on bank accounts and salary, anything from a few weeks to a few months may pass, depending on the court's workload. Discharge at the Land Registry takes a little longer, because the order has to be submitted and you have to wait for the registrar to register it. How to speed it up Some things help to get the attachment lifted sooner: Paying in, all at once, the total amount for which enforcement was ordered, including the part estimated for interest and costs. Once that amount has been paid into court, the law generally allows the attachments to be lifted, so it is advisable to ask for this in the written submission notifying the payment. If anything is left over when the final figures are worked out, it is returned to you. If there is a shortfall, you will have to pay the difference. Asking the court in writing to lift the attachments as soon as the payment is on record, without waiting for it to do so of its own accord. If what has been attached is worth much more than what remains to be paid, asking for the attachment to be reduced to what is necessary. If you pay the creditor directly, asking the creditor for a signed document confirming the payment and asking them to notify the court of it as soon as possible.