If you receive a supposed seizure order, it's normal to feel like the ground is shifting beneath your feet, especially when your company's assets are at stake. But before you panic, it's worth knowing something: not every seizure threat is real or legal. Understanding how to determine if a seizure order is legal can save you from fraud, a bad decision, or simply give you the time you need to properly defend your business.
At GGAF , our commercial law specialists help business owners review whether an attachment order truly complies with the law, and from there, we develop the best defense strategy for you. If you've received a notification or simply have questions, we can guide you from the outset to protect your assets and your company's operations.
How can you tell if a seizure order is legal?
For a seizure to be valid, it must stem from a legitimate court proceeding. In Nuevo León, this means it must be authorized by a judge and executed by a court officer, not by just anyone who shows up at your business.
So, how can you tell if a seizure order is legal? Look for these three elements:
A notification slip with the name of the court, the case number, and the judge's details.
The official identification of the actuary carrying out the procedure.
A formal payment request, prior to the seizure, clearly stating the amount being claimed.
If any of these requirements are missing, the wisest course of action is to stop and seek legal advice before letting anyone do anything with your assets.
What is a precautionary seizure?
Another question that frequently arises among business owners is what a precautionary seizure is. Simply put, it's a temporary measure that a judge can order to secure certain assets while a lawsuit is pending, with the aim of preventing the defendant from selling, hiding, or transferring them before a judgment is reached.
It's important to clarify something: a precautionary seizure doesn't mean there's already a ruling against you. It's a preventative measure, nothing more, and can only be applied according to the law and under the supervision of a judge.
How can you confirm if there is actually a lawsuit against you?
If you still have doubts and want to be sure how to know if a seizure order is legal, there are specific ways to verify it:
Carefully review all the information in the notification you received.
Go directly to the relevant court to confirm that the file exists.
Consult the official system of the Judicial Branch of the State of Nuevo León, when the information is available there.
One thing you should never do is make decisions based solely on calls, WhatsApp messages, emails, or threats from a debt collection agency. None of these methods, on its own, constitutes a court order.
Rights you should know if your assets are seized
Even if the procedure is completely legal, the law still protects you in several ways:
You have the right to be the one to indicate, in the first place, which assets are to be seized.
There are certain essential assets that the law protects and that cannot be touched.
If a third party can prove that a seized asset belongs to them and not to you, there are legal procedures to reclaim it.
Knowing these rights gives you more confidence to face any legal proceedings without being intimidated.
Frequently Asked Questions
Can a bank seize my assets without suing me first? No. Before any seizure can take place, there must be a legal proceeding and an order issued by a competent judge.
Are threats of garnishment via WhatsApp legally valid? No. Messages, calls, or emails sent by a debt collection agency are not, by any stretch of the imagination, a court order.
What should I do if I have doubts about whether the seizure is legal? It's best to seek legal advice before signing any document or allowing anyone to take action against your assets.
What is a precautionary attachment and when is it applied? It is a precautionary measure designed to guarantee compliance with a possible future judgment, always with judicial authorization and following the corresponding legal procedure.
Protect your company's assets with the support of GGAF
When you're unsure how to determine if a seizure order is legal, or simply want to fully understand what a precautionary seizure is, having the support of a specialized team can be the difference between protecting your assets or putting them at risk.
At GGAF, we review each case in detail, verify the legality of the procedures, represent business owners in civil and commercial litigation, and design effective strategies to protect their assets. If you have received a notice of seizure or want to prevent potential risks, call us at (81) 4174-5411 and receive personalized attention from our team of attorneys in Nuevo León.
