No amparo against a garnishment that merely enforces a final judgment
Indirect amparo. It is not available against a garnishment ordered at the judgment enforcement stage solely for the liquid amount imposed as the award in the proceeding.
Official heading (Spanish): AMPARO INDIRECTO. ES IMPROCEDENTE CONTRA EL EMBARGO DECRETADO EN LA ETAPA DE EJECUCIÓN DE SENTENCIA, EXCLUSIVAMENTE POR LA CANTIDAD LÍQUIDA IMPUESTA COMO CONDENA EN EL JUICIO.
The ruling
The former First and Second Chambers disagreed on whether indirect amparo lies against a cash garnishment at the enforcement stage. The SCJN ruled, in binding precedent (jurisprudencia), that it does not when the garnishment is limited to the liquid amount of the award: it flows directly from res judicata and is not the final ruling in the proceeding, under article 107, section IV, of the Amparo Law.
Our take
For a company with an adverse judgment, the message is direct: a bank garnishment for the exact award amount cannot be halted through amparo. That fight belonged earlier, against the judgment. The SCJN leaves an exception: if an enforcement act affects substantive rights beyond res judicata, such as a garnishment exceeding the award, indirect amparo remains available. That is the line to watch. In our experience, excesses in the amount or assets seized are common and can be challenged.
What to do
- When garnished at enforcement, compare the amount seized with the liquid amount of the award.
- Reserve indirect amparo for excess amounts or effects beyond the judgment.
- Plan liquidity to satisfy final awards and avoid garnishment of operating accounts.
Details
- Court
- SCJN Plenary
- Type
- Binding precedent (jurisprudencia)
- Identifier
- P./J. 180/2026 (12a.)
- Digital registry
- 2032615
- Published
- September 11, 2026
- Area
- Amparo and constitutional
- View official source ↗
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.