First of all, it is important to keep in mind that a garnishment can only proceed within a lawsuit (civil or mercantile), the Judge issues a garnishment order, which must be executed only by a Garnishment Executor authorized by the Corte Suprema de Justicia (CSJ) or by a Justice of the Peace, designated for that purpose.

In addition, if the point of seizure is reached, it is to be considered that the only assets to be seized are those that have been given in guarantee of the credit (mortgages or pledges). If there are no or not enough to cover the debt, it is extended to the assets of the principal debtor or his or her guarantor(s).

Likewise, the only entity capable of making a seizure is the Judge Executor of Seizures or the Justice of the Peace in his absence, with prior written authorization from the judge handling the case, not a collection office.

To avoid the seizure already dictated by the judge, the only way is to reach an out-of-court settlement with the creditor, paying part or all the debt, or reaching a new payment agreement. In addition, if the seizure has already been made, the assets can be recovered by reaching an agreement with the creditor, paying the debt, obtaining a refinancing or any other judicial or out-of-court settlement.

To avoid a foreclosure situation, the most advisable thing to do is to get organized, make a personal and family budget and detect in which items you are spending more than you should or which things you can eliminate from your monthly and daily living expenses.

The Defensoría del Consumidor can intervene in a seizure, as long as there is a violation of consumer rights, and the affected person approaches the attention centers.

Translated by: A.M