Embargo In Colombia it is a situation that can have quite complicated legal implications and this is due to the breach of some obligations. Taking this matter into account, What is the amount owed that could lead to a judicial process against him?
It is important to specify that there are three stages before starting the respective legal actions for the amounts owed. In the first one, the debtor is notified about the collection that must be settled, then the claim is filed and finally a sentence of embargo is executed.
Taking into account the last instance, The substantive labor code mentions that the legal minimum wage is considered unattachable. But, the situation changes if the involved earns more money. Its surplus can be up to a fifth as indicated in article 155.
To give an example, if a person earns monthly $ 3,000,000 in relation to the minimum wage of $ 1,623,500 pesos, their surplus is $ 1,377,000. Therefore the amount that will be seized will reach $ 275,400.
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However, There are exceptions that are considered that the affected party can keep 50% of the amount of your income from the concept of work.
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This retained money will be kept by the employer, who will consign it in the bank account established by the judge who ordered the embargo and follows the respective process.
Is it possible to get out of an embargo?
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Is it possible to raise an embargo?
This is a real possibility when the creditor makes a request to justice for his lifting. Generally this situation can also occur when the debtor finally meets his pending obligations taking into account the satisfaction of the other party involved.
What goods cannot be seized?
Taking into consideration the specifications provided by the Civil Code, they are mentioned that there are some assets that cannot be seized as they are: the legal minimum wage, the work tools, elements for subsistence, family housing, public services and social security will continue to belong to the involved in the midst of the judicial process in which it is involved.
