We began the procedures to undertake the legal process of claiming recognition of the status of victim in accordance with Law 20/22 of October 19 of democratic memory, as well as the perception of economic compensation for the compensation of assets seized by the Franco regime.
Below, we indicate the steps to follow so that you can register for the claim:
Fill out the following registration form and choose the payment method you prefer indicating if you are an APIGF member
The Administration Department of the professional office Vosseler Lawyers will respond via e-mail with the scanned documentation that they must provide:
- ID on both sides.
- DNI of the owner that appears on the title of the seized money, if available.
- Seizure title/s.
- Certificate of ownership of the claimant's bank account to receive compensation.
Once we receive all the documentation, we will send you an order form that you must return signed on all pages to confirm registration in the claim.
Depending on the degree of relationship, we will need a photocopy of the family books and/or birth and/or death and/or marriage certificates that prove the status of direct relative. Deeds, wills and testamentary documents that justify the status of immediate family member could be used.
REGISTRATION CLOSED
QUESTIONS AND ANSWERS ABOUT THE CLAIM FOR THE MONEY SEIZED BY THE FRANCO GOVERNMENT
Who has the right to complain?
The wording of article 3.3 of the standard is ambiguous and can give rise to various interpretations. In principle they have the right to claim:
- The living spouse of the person who appears on the seizure title
- If there is no such person or he/she has died: The relatives of this person who appears in the title.
Within this group: If there is controversy:
- Those who are closest in degree have preference.
- Example: a child has more rights than a grandson
If there is no controversy: Everyone could claim the proportional share.
What is the value that will be claimed for each peseta seized?
Regarding the economic assessment to be carried out, we must state that the compensation will depend on the position adopted by the state, but in order to be able to discuss it at the appropriate time, we must adhere to the criteria that are expertly established by the professional designated by this office. Our intention is to see what criteria and assessment the state decides to apply and then evaluate and specify our position and, where appropriate, defend it.
Will they present all the files to the administration at the same time or will they do so as each one of them is reviewed and complete?
The claim raised by this office is collective, however, when there is a large group that has submitted all the documentation, the first claim will be presented. The number expected to have the documentation to start the process will depend on what happens in the coming weeks. We can't determine it yet.
When will the Regulations referred to in the Law be ready?
The Regulation depends on the state, and we cannot know when they will decide to do so, what we do know is what we will do: follow our roadmap to present claims and encourage the state to do the work to which it has committed by Law.
Will this claim have possible legal costs?
The route that is being initiated now is the administrative route that does not generate any type of costs, whether won or lost. In the event of having to initiate judicial proceedings, all persons interested in it will be informed of this possible consequence.
The administrative file that will be processed is not the patrimonial responsibility of the state but rather a request for reparation and personal recognition of the victims.
What would be the consequences of a possible rejection resolution at administrative headquarters regarding the possibility of taking action for the same facts using the future procedure that must be established by the Regulation and other complementary development regulations?
The 2nd transitional provision of the law already provides for the possibility of submitting these requests before the regulatory development, in which case they are processed through the channels provided for in RD 1791/2008.
What would be the approach that you would support regarding the taxation of possible compensatory compensation? Would the imputation be made from the death of the initial holder, that is, the seized person who delivered the capital?
The taxation of future compensation is not being studied at this time by this office, but any tax burden that the state decides to implement should be done from the moment the compensation is received and not before.
Do these fees cover all the legal proceedings that could be taken to claim compensation?
Yes, the amount paid covers all instances: administrative and judicial.
In the case of hiring your services, what rights and obligations do we have?
Upon payment of the requested amount, the person/client has all the rights that are protected by current regulations and the obligations derived from the necessary processing of the administrative action that is going to be exercised.
How is the payment of fees applied in the event that several people have rights derived from the same title?
The amount of the fees IS FOR EACH TITLE. If there is a title to be distributed among several people who have rights over it, it is divided among all interested parties proportionally.
If it is not resolved in the administrative phase, is it mandatory to go to court?
No, each client will be free to choose whether or not to go to court. The judicial claim will never be presented by Vosseler Abogados without prior notice to the client, for which written acceptance to initiate it will be necessary. Any interested party can initiate the claim in the administrative phase and later decide not to initiate the judicial phase.
Do you foresee an approximate estimated time for this entire process?
What depends on us will be done in the minimum possible time depending on the specific volume of partners who decide to start the process. As for the administrative processing, it will depend on the speed of the competent administration, without prejudice to the pressure that we will constantly exert for the administration to respond.
