Previous Claims in Third-Party Proceedings

Purpose:

In the special case of a claim prior to the civil proceeding, by virtue of which a third party seeks to intervene in the enforced collection procedure filed by the Treasury General of the Social Security against an individual with debts owed to Social Security by claiming certain rights in relation to said debtor.

Categories:

There are two categories of third party proceedings:

• Third party claim to ownership, based on ownership of the debtor's seized property, whereby a third party claims the right to ownership of said property, by claiming and providing evidence of said ownership.
• Paramount right of a third party, based on the third party's right to have their credit reimbursed, taking priority over the debtor in the enforcement procedure filed by the Treasury General of the Social Security. This type of third party proceeding does not aim to demonstrate ownership of the asset but rather to demonstrate that the third party claimant takes precedence or has the paramount right to be reimbursed the sum of money being pursued through the enforced collection procedure.

Minimum content:

The third party claim must be formulated in writing accompanied by the original documents that form the basis of the third party's claim along with copies of said documents, if the third party wishes the original documents to be returned to them once they have been checked.

Application forms

Form and place of submission:

• You can submit your application in person, at any of the registers of the Provincial Directorates, Administrative Offices or Sub-Offices that form the Social Security Treasury General, as well as in any of the places set forth in article 38.4 of Law 30/1992 of 26 November, on the Legal Regime of Public Administrations and the Common Administrative Procedure, as amended by Law 4/1999 of 13 January (B.O.E. of 14/01/1999).
• If you have a digital certificate, you can submit your application electronically in the e-Office through theFiling challenges with the TGSS procedure, and subsequently check its status through theMonitoring challenges with the TGSS service. Competent body:
• Provincial Directorates of the TGSS: Appeal Units and Executive Collection Units.

Deadlines:

Filing the claim:

• Third party ownership claims: will not be accepted 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 paramount right claims: will not be accepted after the Executive Collection Unit has received the sale price. Neither will it be accepted when it is the second or subsequent third party claim based on titles or rights possessed by the third part at the time of filing the first.
• For resolution:Three months counting from the date of entry in any register of the Social Security Treasury General.

Effective:

Due to filing third-party claims to ownership:

The Executive Collection Unit will suspend the enforcement process on the goods of the third party, while continuing with the enforcement on the other goods and rights of the debtor.

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

The Executive Collection Unit will proceed with the enforcement process until the goods have been seized, handing over the amount obtained to the TGSS account as a result of the decision on the third party rights.

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

Failure to meet one or several requirements listed in the "minimum content" section and those demanded, if applicable, by specific applicable legislation, will require the third party to supply what is missing or provide the mandatory documents within ten days. Failure to do this will result in the abandonment of the third party claim.

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

After the maximum legal deadline has expired without an express resolution on the third party claims, it should be considered as rejected for the purpose of formulating the corresponding lawsuit.

Due to an express decision:

• Total acceptance.
• Partial acceptance.
• Rejection.
• Inadmissible for processing.

Other important information:

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