Limits on Asset Seizure in Enforcement Proceedings

In the Portuguese legal system, enforcement proceedings aim to ensure the coercive realization of the creditor’s rights when the debtor fails to voluntarily fulfill an obligation. In this context, attachment/seizure (penhora) is one of the key mechanisms to guarantee debt satisfaction. However, the legislator imposes limits on the seizure in order to protect the debtor against enforcement measures that could compromise their human dignity and subsistence.

Pursuant to Article 735 of the Code of Civil Procedure (CPC), the seizure shall primarily target assets that are presumed to be more easily and quickly converted into cash, while safeguarding those that are legally exempt from seizure. The principles of adequacy and proportionality also guide the enforcement officer’s actions, as established in Articles 735 to 738 of the CPC.

Civil procedural law sets out the category of absolut unseizable assets, meaning those whose attachment is legally prohibited under any circumstances. Examples include:

• Inalienable things or rights;
• Assets with negligible market value;
• Items essential for the daily life of the debtor and their household, such as clothing, beds, basic home appliances, etc.;
• Tools of trade and items essential for the debtor’s profession or education, particularly where the debtor has no other source of income;
• Social welfare benefits of a subsistence nature, such as social pensions, unemployment benefits, or the Social Insertion Income (RSI), as further outlined in supplementary legislation (e.g., the Social Security Code).

These assets enjoy full legal protection, reflecting the constitutional principles of human dignity and social protection.

In addition to the list of absolut unseizable assets, the law also defines partially seizable assets, which may be subject to attachment, albeit within specific limits—particularly concerning income. Key examples include:

• Salaries, wages, pensions, or equivalent payments: These are only attachable in the portion that exceeds the national minimum wage (in 2025, €870). Generally, up to one-third of the remaining amount may be seized, unless the debtor has dependents, in which case a more favorable regime may apply;
• Bank accounts: Attachment may only affect balances exceeding the unseizable threshold defined in Article 738(1);
• Rents or other periodic receivables: These are subject to the same criteria of proportionality and preservation of a minimum subsistence level.

The aim of these legal limitations is to ensure that the debtor can maintain a dignified life, even when subject to coercive enforcement.

The existence of unseizable assets and limits on attachment is part of a broader framework of social justice and balance between the rights of the creditor and the fundamental rights of the debtor. These legal boundaries align with constitutional principles, notably the principle of human dignity, the right to social security, and the principle of proportionality in the restriction of fundamental rights, all enshrined in the Portuguese Constitution.