Social Security

Purpose:

Filing claims prior to civil proceedings is a special case, by virtue of filing this claim a third-party will appear as an interested party at the debt enforcement proceedings filed by the Treasury General of the Social Security against a debtor with the Social Security claiming specific rights in relation to this debtor.

Types:

There can be two types of third-party proceedings:

• Third-party claim to ownership, founded on the ownership of goods seized from the debtor and therefore proprietary ownership of these goods is claimed on behalf of the third-party who claims and justifies their ownership.
• Third-party intervention with a paramount right, founded on the right of the third-party claimant to be reimbursed with their credit with priority over the debtor in enforcement proceedings filed by the Treasury General of the Social Security. This type of third-party proceeding does not try to prove the title or ownership of goods, but rather the priority or the paramount right that the third-party claimant may have to receive the amounts obtained in the debt enforcement proceedings.

Minimum content:

The third-party claim must be filed in writing together with the original documents upon which the third-party claimant is basing their right, as well as a copy of said documents, if they would like them to be returned following authentication.

Application forms

Document	File Download	Format	Size	Date
Granting power of attorney by appearance	| | | |	PDF	150 Kb	18/05/2012
Previous Claims in Third-Party Proceedings	| | | |	PDF	158 kb	18/05/2012

Where claims are processed:

• Provincial Directorate of the TGSS : Dispute Units and Debt Collection Units.

Periods:

Filing the claim:

• Third-party claims to ownership: will not be admitted if they are filed after the public auction document has been granted, the personal property has been handed over in any of its forms or the agreement has been made to sell the property by auction to the TGSS.
• Third-party intervention with a paramount right: will not be admitted after the Debt Collection Unit has received the sale price. Nor will it be accepted if it is the second or subsequent third-party proceeding based on property or rights that the third-party claimant had at the time of filing the first proceeding.
• For a decision:Three months starting from the date that it was entered into to any of the records of the Treasury General of the Social Security.

Effects:

Due to filing third-party claims to ownership:

The Debt Collection Unit will suspend the enforcement proceedings for the goods that are subject to the third-party proceedings, without prejudice to continue with the enforcement proceedings for other property and rights of the debtor.

Due to filing third-party intervention with a paramount right:

The Debt Collection Unit will pursue the enforcement proceedings until the seized goods are sold, depositing the amount received in the TGSS account subject to the decision of the third-party proceedings.

Due to a lack of one or several of the minimum requirements for filing third-party proceedings:

The lack of one or several of the requirements listed in the “minimum content” section and those required, where appropriate, by the specific applicable legislation, will require the third-party claimant, within a period of ten days, to meet the missing requirements or attach the mandatory documents. If they do not do so, the third-party proceedings will be dismissed.

Due to a lack of express decision within the maximum legal time period:

When the maximum legal time period has passed without an express decision on the third-party proceedings, they may be deemed rejected for the purposes of filing the corresponding legal proceedings.

Due to an express decision:

• Total estimate.
• Partial estimate.
• Rejected.
• Claim not admitted to proceedings.

Other important information:

• Regulatory Legislation:
  • Articles 35 of the General Social Security Act
  • Articles 132 to 135 of the General Collection Regulations of the Social Security, approved by Royal Decree 1415/2004 of 11 June.
• Tracking Appeals to the TGSS

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