Why can the government seize my bank account?

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2024

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Jan

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2024

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Why can the government seize my bank account?

Seizure of bank accounts, a painful but necessary measure.

Pablo Esteban Chávez Garcia

Director of Administrative Law

p.garcia@rmgsc.com

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It is well known to everyone that the tax authority is more active than ever. For various reasons, every day the treasury's collection strategies are becoming more aggressive, with one of its main tools being the seizure of bank accounts.

That's right, the tax authority (and not only the SAT) can seize your bank accounts, to the extent that you can be prevented not only from having your money, but also from making any movement in them.

Now, for what reasons can our accounts be seized? Well, the main reason is due to the non-payment of a tax credit (tax obligation such as taxes, social security contributions, etc.). When you don't pay a legally required credit by the authority, the authority is empowered to seize your bank account as a way to guarantee payment.

They are even empowered to carry out extractions, not just to seize them. So if you owe money to a tax authority (SAT, IMSS, INFONAVIT, etc.), you could suddenly see a decrease in your account resources.

What is the procedure?

Well, it's not like the authority can seize the account or carry out the extraction on its own, it must follow a procedure that involves several actors. First, the authority must ask the National Banking and Securities Commission to issue the seizure or withdrawal order to the financial institution, so that the bank can then proceed to carry out such action.

BE CAREFUL, you must be notified of this, because you must be aware or aware of the impact that is being generated to your assets and sphere of rights.

Another important point to consider, which is very unfortunate, is that in most cases, garnishments are carried out for absolutely all the resources contained in the account, when the right thing is for only the amount due to be seized.

What to do in these cases?

Faced with this situation or even if we do not know the reasons for the embargo or extraction, the ideal would be to present a means of defense, so that the procedure is carried out in strict accordance with the law, and even, to address the merits of the matter, it is advisable to challenge the tax credit or act that gave rise to the seizure or extraction.

Having your bank account seized is extremely burdensome, as it causes the company's flow to be hindered and it can even lead to bankruptcy, as we don't have the liquidity to meet our obligations.

That is why it is extremely important to be aware of our fiscal and legal obligations, and if for any reason you are already involved or involved in a problem of this nature, don't worry, we will help you.

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