MEXICO CITY – The Mexican Supreme Court of Justice (SCJN) has issued a landmark ruling affirming the inalienability of pensions for older adults, protecting them from civil debt embargos. The decision, stemming from Amparo en Revisión 290/2023, establishes that pensions, as a primary source of survival and dignity for vulnerable seniors, cannot be seized for debts such as credit card loans or personal advances. Dr. Víctor Collí Ek, a National Researcher specializing in Constitutionalism, Human Rights, and Democracy, explained the implications of this ruling. He detailed a case involving a retired woman whose IMSS pension faced a 30% embargo due to an unpaid loan. Initially, a district judge ruled against the embargo, citing Article 10 of the Social Security Law, which protects pensions. However, the lending company appealed, arguing that preventing pension embargos was discriminatory, as active workers can have their salaries partially garnished for civil debts. The case reached the Supreme Court's First Chamber, which ultimately upheld the protection of pensions. "The Court applied what is called the 'senior person's perspective,' recognizing that older adults are a potentially vulnerable group that deserves special protection," Dr. Collí Ek stated. "Their pension is not just money; it is their only source of survival and dignity." This ruling differentiates between active workers, who possess the capacity to seek additional employment or generate more income, and pensioners, who often lack such opportunities. The SCJN concluded that protecting pensioners from civil debt embargos is not discrimination but a necessary measure to ensure their economic stability and human dignity. Consequently, the only circumstance under which a pension can be legally embargoed is for alimony payments to children or ex-spouses. For all other types of civil or commercial debts, pensions are now considered fully protected.
¿Pueden embargar la pensión del IMSS por deudas de tarjeta de crédito? No. La Suprema Corte (SCJN) resolvió que las pensiones están protegidas, salvo…
