In an economic context where the cost of living does not give up, the Civil Procedure Law (LEC) stands as the last shield for the most vulnerable workers. Thanks to its Article 607, Spanish legislation guarantees that no court or administration can touch the part of the payroll that corresponds to the Minimum Interprofessional Wage (SMI).
With the recent increase in 2026, this protection now extends to 1,221 euros per month (in 14 payments), ensuring that any citizen maintains a minimum income to cover their basic needs.
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What the BOE says
The law is clear on this matter. The consolidated text of Article 607 establishes literally: “The salary, salary, pension, remuneration or its equivalent, which does not exceed the amount indicated for the interprofessional minimum wage, cannot be seized.”
This means that if your liquid payroll is equal to or less than the current SMI, the seizure is void. It doesn’t matter if the debt is with a bank, a landlord or a personal loan; Justice prioritizes the right to subsistence over the creditor’s right to collection.
What happens if I charge more than the SMI?
For those who exceed that threshold, the embargo is not applied to the entire salary, but progressively in sections. The more you earn, the higher the percentage they can retain:
| Income bracket | embargo percentage |
| Up to €1,221 (1 SMI) | 0% (Unseizable) |
| From €1,221 to €2,442 (2nd SMI) | 30% |
| From €2,442 to €3,663 (3rd SMI) | 50% |
| From €3,663 to €4,884 (4th SMI) | 60% |
In addition, the law provides a respite for those who have a dependent family: the Attorney of the Administration of Justice can apply a reduction of between 10% and 15% in these percentages if family responsibilities are proven.
Since January 1, 2026, the Minimum Wage has been set at 1,221 euros gross per month (which is equivalent to 1,424.50 euros if received in 12 payments). This increase not only benefits the more than 1.6 million workers who receive it, but it automatically raises the bar of protection against embargoes for the entire population.
Why does an embargo occur?
For a court to order money to be withdrawn from your payroll, there must be what is called an Executive Title. This is usually a final judgment after a trial, a mortgage default or duly certified community bills.
The embargo is the last step of the “enforcement procedure”, when there is no longer a willingness to pay. However, the law will always try to make the process as least traumatic as possible, prioritizing the seizure of money in checking accounts before other assets, but always respecting that unseizable floor of 1,221 euros that guarantees that, no matter what happens, the worker can continue filling the refrigerator.