What this letter is
An embargo de nómina (wage garnishment) means your employer (or the body that pays your pension) has been ordered to withhold part of your salary every month. That part goes to whoever is claiming the debt: Hacienda (the tax authority), the Seguridad Social (Social Security) or a court. The order reaches your employer as a diligencia de embargo de sueldos, salarios y pensiones (order to seize wages, salaries and pensions), and you get a copy. The garnishment lasts until the debt is covered.
How to read it: the key parts
| What you see on the letter | What it means |
|---|---|
| Órgano emisor (issuing body: Dependencia de Recaudación, Unidad de Recaudación Ejecutiva de la TGSS or a court) | Who is ordering the seizure. |
| Pagador (payer) | Your employer or whoever pays your pension. They do the withholding. |
| Nº de diligencia / expediente (order / case number) | The reference for paying, asking questions or appealing. |
| CSV (código seguro de verificación) (secure verification code) | To check the letter is genuine. |
| Importe total a embargar (principal, recargo, intereses, costas) (total amount to seize: principal, surcharge, interest, costs) | The maximum they can withhold in total. |
| Límites del art. 607 LEC (limits under art. 607 of the Civil Procedure Act) | The rule that sets how much can be withheld each month. |
| Pie de recursos (appeals note) | How and when to challenge it. |
What deadline you have
If the seizure comes from Hacienda, you can file a recurso de reposición (appeal for reconsideration) or a reclamación económico-administrativa (claim before the tax tribunal) within 1 month from the day after notification. The garnishment doesn’t wait: withholding starts with your next payslip.
How much they can withhold each month (net salary, 2026 minimum wage or SMI = €1,221):
| Band of your monthly net salary | Amount seized |
|---|---|
| Up to €1,221 | 0 % |
| €1,221 to €2,442 | 30 % |
| €2,442 to €3,663 | 50 % |
| €3,663 to €4,884 | 60 % |
| €4,884 to €6,105 | 75 % |
| Over €6,105 | 90 % |
Example 1: you earn €1,800 net. The amount above the minimum wage is €579. 30 % of that is €173.70 a month.
Example 2: you earn €2,800 net. From the first band, 30 % of €1,221 is seized (€366.30). From the second, 50 % of €358 (€179). Total: €545.30 a month.
If you receive more than one pension or salary, they are added together to calculate the seizure. If your extra payments are spread across the year or you receive an extra payment that month, ask for a breakdown of the calculation.
What you can do
| Option | When it makes sense | What happens next |
|---|---|---|
| Check the calculation | Always, with the first garnished payslip | If your employer gets it wrong, complain to them and to the body ordering the seizure. |
| Pay the whole debt | If you can | A lifting order is sent to your employer. |
| Ask to defer or pay in instalments | If you can’t pay it all | If granted, it can prevent new seizures. |
| Recurso de reposición (appeal for reconsideration) | Debt paid or expired, providencia de apremio (enforcement notice) never notified, limits not respected | If upheld, it is cancelled and any excess withheld is returned. |
| Ask for a reduction for family responsibilities | In court-ordered seizures, with children or other dependants | The court can reduce the percentages by 10 to 15 %. |
What happens if you do nothing
- Withholding continues every month until the full debt, surcharge, interest and costs are covered.
- If your salary isn’t enough, they can also seize accounts or other assets.
- If you change jobs, the order can reach your new employer.
Common mistakes
- Calculating on gross salary. It’s calculated on net pay, after income tax (IRPF) and Social Security.
- Not checking the first garnished payslip. Calculation errors are easier to fix at the start.
- Thinking they can take everything. Everything up to the minimum wage is protected.
- Not reporting a seizure of your account. If the bank is also withholding your salary, the limits must be respected.
- Paying and not asking for it to be lifted. Check that your employer receives the order.
How to respond, step by step
- Ask your employer for a copy of the order and check who is seizing and for which debt.
- Work out the maximum with the table above and compare it with your payslip.
- If it’s Hacienda, log in to the AEAT portal with Cl@ve, a certificado digital (digital certificate) or DNIe (electronic ID card) and check the outstanding debt.
- Decide: pay, request a deferral, or appeal within 1 month on a legal ground.
- If the calculation is wrong, submit a letter with your payslips through the electronic registry or at an office.
Sample text (write it in Spanish):
Diligencia de embargo [nº o CSV]. La retención aplicada en mi nómina de [mes] es de [importe]. Según el art. 607 LEC y el SMI vigente, el máximo embargable es [importe]. Aporto nómina. Solicito que se corrija la retención y se devuelva el exceso. [Nombre, NIF, fecha]
(In English: Seizure order [number or CSV]. The amount withheld from my [month] payslip is [amount]. Under art. 607 of the Civil Procedure Act and the current minimum wage, the maximum that can be seized is [amount]. I attach my payslip. I request that the withholding be corrected and the excess returned. [Name, NIF, date])
Cartamiga tip: if the debt is correct, ask for a deferral as soon as possible. Paying in instalments you choose is usually easier to manage than a fixed monthly deduction, and it stops the seizure from spreading to your accounts.