What assets are not liable to seizure?
Family heritage, everyday furniture, clothing, instruments and machinery necessary for work, workers’ wages, crops and life annuity, among others, cannot be seized.
In judicial proceedings when the loosing party does not have sufficient cash to cover the amount to which he was condemned to pay, the Judge may apply certain precautionary measures to guarantee or ensure that the pending obligation is fulfilled. In Mexico, the most effective precautionary measure that ensures compliance with a debtor’s insolvency obligation is the seizure of the debtor’s assets.
The seizure of assets is a precautionary measure established in the law and consists in the retention of person’s property; it is carried out in a judicial process and must be decreed only by a judicial authority to ensure the fulfillment of a debt, payment of default interest and the payment of judicial costs, as well as other concepts to which a party have been sentenced in a trial.
However, not all of a person’s possessions can be seized; Mexican law establishes the assets that are not liable to seizure, in order to protect the family assets or because they are essential for the debtor.
In the State of Quintana Roo, the assets considered not liable to seizure by the Civil Procedures Code are the following:
Assets not liable to seizure
- The assets that constitute the family heritage, since its registration in the Public Registry of Property.
- The daily bed, the clothes and the furniture of ordinary use of the debtor, his spouse or his children, not being luxurious, in the judge’s opinion.
- The instruments, devices and supplies necessary for the debtor’s work;
- The machinery, instruments and animals for agricultural cultivation, if they are necessary for the service of the farm to which they are destined, in the judgment of the judge, for which purpose he will hear the report of an expert appointed by him;
- The books, devices, instruments and supplies of people who exercise or dedicate themselves to the study of liberal professions;
- The weapons and horses that the military in active service use, indispensable for it in accordance with the relative laws;
- The machinery and instruments proper for the operation of commercial or industrial enterprises, insofar as they are necessary for their service and movement, in the judgment of the judge, for which purpose he will hear the opinion of an expert appointed by him;
- Harvest before harvesting, but not planting rights;
- The right of usufruct, but not the fruits of it;
- Use and room rights;
- The easements, unless the estate in whose favor they are constituted is seized, except for the waters;
- Life annuity;
- The wages and salaries of workers in the terms established by the Federal Labor Law, as long as they are not food debt or crime-related liability;
- The allowances of the pensioners of the Treasury;
- The ejidos of the towns and the individual parcel that in its subdivision has corresponded to each ejidatario.
It is important that all people know which assets are liable to seize and which are not subject to the seizure, so that they can defend themselves in the event that the executor tries to seize Non-attachable assets.
At our law firm, we will provide you with the legal advice you need to effectively protect the assets that are the property of your family, as well as any other not liable to seizure property you own, and thereby prevent any authority from improperly seizing your belongings. Schedule a Free Call With Us.