This is a translated document taken from the original in Spanish here
Who Are The TGSS?
The General Treasury of the Social Security (TGSS) is the agency responsible for the collection of all Social Security resources, both voluntarily and in executive channels, being able to press the debtor’s assets. For this purpose, it is empowered by Law to seize its assets and sell them in public auction for, with the result of the alienation, collect the outstanding debt and settle the debit pursued.
Auctions are the last phase of the administrative enforcement procedure and through them the collection bodies of the General Treasury of the Social Security try to put on the market the assets previously seized to the debtors of the Social Security.
The product that is obtained in the auctions is destined to settle the outstanding debt of the pressed ones, and in the case of having surplus it is delivered to them.
From the point of view of the debtors, the possibility that they have to paralyze the procedure, at any stage prior to the adjudication of the assets, by paying the debt they maintain with Social Security, makes many of the lots committed at auctions they withdraw for that reason.
Advertising of executive auctions of seized assets
The General Treasury of the Social Security, as a result of the enforcement procedures that follow against the debtors of the same, is obliged to announce the auctions that it holds for the sale of the seized assets and, in this way, enable any interested person I can go and bid on them.
Auctions of seized assets promoted by the Provincial Directorates of this General Treasury are published on the website that Social Security has open on the Internet at the following address: “Auction of seized assets.”
With the start-up of this service, it is intended to give maximum publicity to the auctions that are held, in order to achieve the greatest concurrence of bidders and, consequently, benefit from the best economic conditions in the offers that the competition pushes them.
For more information, those interested can go to the Provincial Directorate of the General Treasury of the Social Security where the asset or goods in question will be auctioned, to the Executive Collection Unit itself (URE) that understands the enforcement file or by calling the other phones indicated on this INTERNET website.
Assets seized for auctions
The General Treasury of the Social Security alienates, by public auction, farms (rustic and urban), vehicles, boats, machinery of various types, office furniture, office equipment and all kinds of movable or immovable property attached to the debtors of the Security Social.
These pages will provide timely information on the goods being auctioned. This information is updated automatically every week.
The General Treasury of the Social Security also carries out operations of sale of real estate assets of the Social Security.
How to attend
Who can participate?
With the exception of the staff of the Executive Collection Unit, the appraisers, the depositories of the goods and the officials directly involved in the enforcement procedure, any person, by himself or through a representative, who has the capacity to act in accordance with the law and do not incur the exceptions and incompatibilities established by law.
In order to participate in the auctions it is necessary:
- Identify properly, just the simple exhibition in the public act or including in the sealed envelope a copy of the National Identity Document or, in the case of foreigners, the passport, the travel title or another document that proves your identity. Likewise, accreditation of the representation with which, where appropriate, action is taken.
- Enter 25 per cent of the starting price (type of auction) of the good for which you wish to bid, by certified check, visa or made up of the drafted and in the name of the General Treasury of the Social Security, which will accompany the position that is made in a sealed envelope, or 30 percent of said price if the position is verbal in the public act of the auction.
- In the justification receipt of the consignment or deposit, it is necessary to state, for the purposes of possible awards, the hour and minute in which said delivery was made as well as the corresponding order number.
Issues of interest to consider
- By type of disposal, the exit price of the asset is understood, once the previous and preferential charges to the right of the General Treasury of the Social Security duly registered in the corresponding Public Registry, whether or not known by it, are discounted.
- The charges or encumbrances of the goods that are auctioned, provided that they are prior and preferential to the annotated right of the Social Security, must remain subsistent, being unable, therefore, the successful tenderer, in which it is subrogated, to apply to its extinction the auction price.
- Tenderers may submit bids in a sealed envelope from the call until the business day immediately prior to the auction, being formalized before the Provincial Directorate where the property or goods in question will be auctioned, which will only be valid when it is made , in addition, the deposit related to them, accompanying the envelope containing the other closed offer in which it includes its corresponding deposit of 25% of its value, indicating in it the good or, where appropriate, the lot or lots to which be referred.
- In the act of the auction, prior to the opening of the envelopes, the Presidency will summon the bidders to formulate positions of greater voice than 75 percent of the type of appraisal. The verbal positions that are formulated should keep a difference between them, of at least 2 percent of the type of auction.
- If verbal postures are not made, the Secretary of the Bureau will present aloud the postures made in writing, and the following rules will be observed in the award:
- The auction will be approved in favor of the best position, if it exceeds 60 percent of the auction type or being lower if it covers at least the amount of the debt.
- Similarly, if the position is less than 60 percent and does not cover the debt, provided that it exceeds at least 25 percent of the type of auction, by reasoned resolution of the Provincial Director of the General Treasury of the Social Security.
- If several offers coincide as a better position, preference will be given in the award to the first registered one.
- If the best position is less than 75 percent of the type of auction and does not cover the amount of the debt, the debtor may submit to a third party that improves it at least up to said limit and that proves the entry of the amount offered within the term of three business days, in which case the auction will be approved in favor of a third party.
- Assets that are not awarded or those that, if not, had completed the price of the auction, may be subject to a second auction to be held under the same conditions as the first.
- Once the act is concluded, the Secretary of the Bureau will proceed to return the deposits that have been constituted, keeping those presented by the successful bidders, who will be prevented from entering the difference up to the award price within the following five business days.
- The successful tenderer who does not complete the payment within said period, by the means established in the auction notice, will lose the amount of the deposit and will be obliged to compensate the General Treasury of the Social Security for the major damages arising from the breach.
- The successful bidders must comply with the property titles that have been contributed to the file, not having the right to demand others. If the assets are not registered in the Registry, the deed of adjudication will have immatriculatory effectiveness in the terms provided in article 199 b) of the Mortgage Law; in the other cases in which it is necessary they will have to proceed, if they are interested, as provided in Title VI of the same Law.
- The successful tenderer may assign his right to a third party that does not incur a prohibition to tender by appearing both in the Provincial Directorate within five business days following the auction, proving the payment of the award price.
- The auction will be suspended if before the final adjudication of the assets, the debtor pays the entire debt.
- The Provincial Directorate of the General Treasury of the Social Security may make use of the right of first refusal, prior to the issuance of the award certificate, within a maximum period of thirty days.
Auction Information Service to be carried out by the Provincial Directorates of the General Treasury of the Social Security
For more specific additional information, referring to furniture and real estate located in the different provinces, those interested should contact the Provincial Directorates of the General Treasury of the Social Security or the Executive Collection Unit itself in which the file of pressure.
To make suggestions, report irregularities or obtain information of a very general nature, those interested can go to the mailbox of inquiries of the page www.seg-social.es.