What do you need to know?
Know the validity and effects of an precautionary measure
The agreement on precautionary measures shall be notified to the interested party and shall detail the debts and the amount whose collection is to be secured with the adoption of the precautionary measure, as well as the acts of materialisation of these measures consisting of the preventive seizure of goods and rights (such as balances in bank accounts, credits against clients, real estate, etc.), withholding of payment of refunds, prohibitions on disposal, etc.
The results of the preventive seizures shall be notified to the person concerned, informing them of the amount of cash frozen. If the amount or the value of the seized assets exceeds the amount whose collection is intended to be secured by adopting the precautionary measure, the seizure shall be lifted ex officio with respect to the excess, without prejudice to the interested party's ability to request it. In any case, the precautionary measures must be lifted if the interested party presents a joint guarantee from a credit institution or mutual guarantee company or a surety insurance certificate that guarantees the collection of the amount of the precautionary measure.
The amounts seized preventively will not be subject to payment to the Public Treasury, until the seizure becomes definitive, once the enforcement procedure has been initiated with the notification of the corresponding order, in which payment of the debt and the corresponding enforcement surcharge will be claimed, and the period opened with the notification of said order has elapsed without any record of payment of the amounts claimed. If the preventive seizure has been carried out on real estate, vehicles, or any other asset that cannot be immediately exchanged for cash, the enforcement procedure may end with the sale of said assets through the procedures provided for in the regulations.