When can my car be attached?

Question

José Manuel Alburquerque · Accepted Answer

When enforcement is under way, that is, when the creditor has a judgment or another enforceable instrument and asks the court to make you pay. A car is an asset like any other and can be attached, although the usual practice is to start with the money in bank accounts and the attachable part of the salary. It may escape attachment if it is equipment you need for your work and its value is out of proportion to the debt, something the court assesses case by case. Attachment does not mean losing it straight away either, because for that it has to be removed and sold, normally at auction. When it is attached Attachment of the car comes within enforcement, which is the procedure for compelling compliance with a judgment or another enforceable instrument, never because of the mere existence of the debt. Before judgment, it could only be attached as an interim measure, if the creditor shows that there is a risk of not being paid and the judge orders it. In the order laid down by law, vehicles come after money, claims, jewellery and income, but before properties and salaries. In practice, the court usually starts with what is simplest, such as bank accounts. If the car has little value, it often does not pay to remove it and auction it, because the storage and auction costs may come close to what it fetches. If you need it for work The law declares the equipment needed for the debtor's profession, art or trade exempt from attachment where its value is out of proportion to the debt claimed. A car or a van may fall within that protection, but not automatically. The courts assess it case by case and are more receptive when the vehicle is the very tool of the trade, as with a taxi driver, a delivery driver or a haulier, than when it is only used to get to work. It is advisable to raise this as soon as possible and with evidence, such as your registration as self-employed, contracts or invoices showing that you make your living from that vehicle. If the car is attached and you have been using it in your business, the court can appoint you as custodian (“depositario”), that is, the person responsible for keeping it at the court's disposal. What happens to the attached car The court notifies the attachment to “Tráfico”, the Spanish traffic authority, which records it in the vehicle register. If the creditor so requests, the court can order the car to be located and taken to a pound, to be sold later, normally at auction. The proceeds are used to pay the debt, the interest and the costs. If anything is left over, it is yours. Until the sale is approved, you can free the car by paying everything you owe. Getting rid of the car to stop it from being attached can be a criminal offence, known as fraudulent concealment of assets (“alzamiento de bienes”).