When whoever defrauded you shows no visible assets, many victims give up. Mistake: assets may be hidden, transferred to family or still attachable. Criminal precautionary measures —attachment, blocks, preventive registration— freeze what remains and document stripping if sales continue. This analysis explains what courts require and what we bring when the debtor says “I have nothing”.
What cautelaries do here
They do not guarantee collection: they stop things worsening while investigation runs. In fraud, freezing accounts can reveal real holders and flows.
Preventive land registration blocks silent sales. Without it, the victim arrives late at the registry.
Cautelaries pressure serious negotiation. Many “insolvent” debtors find liquidity when attachment lands.
They must be proportionate and well reasoned. Overreach gets refusal.
What the judge looks at
Indications of offence and accused liability. A solid police file or well-documented complaint helps.
Risk of insolvency or concealment: recent sales, gifts, title changes, interposed companies.
Proportion between measure and claimed loss. Excessive attachments fall.
If other creditors or insolvency proceedings exist, the map changes. Coordinate to avoid invalidating measures.
Real versus sham insolvency
Stripping patterns: undervalue sales, simulated loans to relatives, moving vehicles or shares.
Assets in third-party names but paid by the accused. Needs banking trace and indirect proof.
Crypto and foreign accounts: hard, not impossible. Key is not promising miracles; acting where Spain offers anchors.
When nothing is left to freeze, strategy may be accelerating investigation and joining other proceedings where assets appear.
Victim mistakes
Signing waivers or acknowledgements without advice while criminal proceedings run. Can close routes.
Not giving the court known bank movements. Judges do not guess.
Relying only on slow civil proceedings while accounts are emptied.
Opaque “recovery agents”. Legality matters for collection and position.
What to bring first
Defrauded amount, transfer dates, full ID of accused and possible nominees.
Statements, contracts, prior report or complaint, any asset data (property, vehicles, companies).
If you know other victims or cases: names and file numbers.
With that we calibrate measure requests, investigation expansion or parallel civil action. Urgency is measured in days, not months.