What accounts does the TGR not seize? The myth of the RUT account

The end of the month is coming. You enter your bank's application to make that urgent rent transfer or pay the electricity bill, and you suddenly find yourself with a nightmare: a negative balance or a red message that says "Funds Withheld by Court Order". The General Treasury of the Republic (TGR) has seized your bank account. The terror of feeling that the State has taken away your basic means of living is paralyzing and generates immense anguish.

In the midst of desperation, it is normal to look for quick answers on the Internet, coming across forums full of myths about supposed "magic beads" that the TGR cannot touch. It is time to speak with the legal truth and be blunt: in Chile, protection against embargoes never falls on the type of account you have (whether current, view or RUT), but exclusively on the origin of the funds that are stored within it.

The great myth of the rut account and view accounts

Let's clarify this categorically: Any bank account in your name can be subject to retention by the TGR. There is no immune card.

When the Treasury begins the coercive collection of a debt (such as CAE or contributions), it issues a massive letter addressed to all banking institutions in the country. If the bank detects that you have a RUT Account, a Current Account, a Savings Account or a Vista Account, it will proceed to block and retain the balances immediately. The bank does not analyze or care where the money comes from at that moment; It simply acts as an intermediary that freezes the exact amount that the TGR orders it to withhold.

So, what money is 100% unseizable by law?

This is where your legal shield comes in. Although the bank has retained the account, if the money comes from the following sources, Article 445 of the Code of Civil Procedure and Chilean labor laws protect it absolutely. These funds must be released if they are withheld:

• Remuneration (your salary): Your monthly salary earned with an employment contract is sacred and cannot be seized up to the limit of 56 Unidades de Fomento (UF). If the TGR seized the exact account where your employer deposits your remuneration month after month, that seizure is illegal.
• Pensions and retirements: Old-age, disability, survival or grace pensions delivered by the State are untouchable money for debt collection.
• Alimony: The money that is deposited judicially (for example, in the demand savings account of the State Bank) for the exclusive maintenance of children can never be withheld by the TGR for personal debts of the father or mother who manages the account.
• State subsidies: Any direct state aid, such as bonds, IFE, or housing subsidies, cannot be subject to seizure under any circumstances.

Tgr withholding frequently asked questions

If my salary is withheld, will the bank automatically release it?

No. This is the most serious mistake that debtors make. The bank does not take care of itself nor will it release the money because you call customer service to complain. To unfreeze the account, a lawyer is required to draft and present a formal document in court (an incident of unseizability) demonstrating with your settlements that this money is your salary.

What happens if i am an independent worker (ticket)?

Attention with this: fee slips do not have the same automatic and direct protection as salary under an employment contract governed by the Labor Code. If your income comes from fees, defending them is much more technically complex, which makes it urgent to have specialized legal defense to try to rescue those funds by proving that they are your only food source.

Can you seize a two-person account (with my partner)?

Yes. If you maintain a two-person account (where both have joint signatures and funds), the TGR can retain the proportional part of the funds that are legally presumed to belong to the debtor. Your partner will also be affected by this freezing.

Release your funds today with expert defense

In summary, the TGR massively shoots all accounts looking for positive balances, and the responsibility falls on you, as a debtor, to defend yourself to demonstrate to justice that your money is protected by law. If you do not act and let the days pass in a state of shock, the bank will finally take that frozen money and transfer it to the State coffers to collect the debt.

At Terreno en Regla, we have a team of advisors and lawyers who are experts in property litigation against the State. We take care of the hard work: we draft and present the "incident of non-attachability" to the court to demand the judge order the bank to immediately release your salary or pension. Don't let the TGR confiscate the money you feed your family with.

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