Post by account_disabled on Feb 19, 2024 1:46:14 GMT -4
According to the jurisprudence of the Superior Court of Justice, the moral damage resulting from improper registration or maintenance in a register of defaulters is presumed and does not require proof, as it originates from the illegality of the fact itself.
Istockphoto
The author's name was included in the register of credit defaulters due to debt that does not exist
Under this argument, the 13th Civil Chamber of the Court of Justice of Minas Gerais ordered a bank to compensate a man with R$10,000 for moral damages due to the collection of a non-existent debt. The amount will be corrected and interest will be added.
The Court had already recognized the non-existence Telegram Number Data of the debt and forced the financial institution to remove the author's name from the credit protection register. Initially, the TJ-MG denied compensation for moral damages, but changed its understanding after hearing the motion for clarification.
The man found that his name was restricted due to a debt of around R$1,200 with the bank. He claimed not to have any financial issues and requested the cancellation of the debt charged, in addition to compensation for moral damages.
In its defense, the financial institution claimed that the contract relating to the debt was signed after presenting the author's card and personal password. He also pointed out that there was no evidence of fraud.
In the first instance, the judge declared the non-existence of the debt and ordered the removal of the author's name from the list of defaulters, but denied compensation for moral damages. Therefore, the man appealed.
In a first trial at TJ-MG, the judges said that the plaintiff already had several negative registrations prior to the one entered by the defendant. They understood that the credit restriction was caused by these pre-existing inscriptions. Therefore, they denied compensation.
The author filed a motion for clarification and pointed out the lack of evidence regarding such previous negative registrations.
In a new analysis, judge Maria Luíza Santana Assunção, rapporteur of the case, agreed: “There is no evidence in the records regarding previous restrictions in the name of the author”.
The judge explained that the irregular recording of the author's name in the list of defaulters constitutes presumed moral damage, “to the extent that it restricts purchasing capacity and access to credit”.
Istockphoto
The author's name was included in the register of credit defaulters due to debt that does not exist
Under this argument, the 13th Civil Chamber of the Court of Justice of Minas Gerais ordered a bank to compensate a man with R$10,000 for moral damages due to the collection of a non-existent debt. The amount will be corrected and interest will be added.
The Court had already recognized the non-existence Telegram Number Data of the debt and forced the financial institution to remove the author's name from the credit protection register. Initially, the TJ-MG denied compensation for moral damages, but changed its understanding after hearing the motion for clarification.
The man found that his name was restricted due to a debt of around R$1,200 with the bank. He claimed not to have any financial issues and requested the cancellation of the debt charged, in addition to compensation for moral damages.
In its defense, the financial institution claimed that the contract relating to the debt was signed after presenting the author's card and personal password. He also pointed out that there was no evidence of fraud.
In the first instance, the judge declared the non-existence of the debt and ordered the removal of the author's name from the list of defaulters, but denied compensation for moral damages. Therefore, the man appealed.
In a first trial at TJ-MG, the judges said that the plaintiff already had several negative registrations prior to the one entered by the defendant. They understood that the credit restriction was caused by these pre-existing inscriptions. Therefore, they denied compensation.
The author filed a motion for clarification and pointed out the lack of evidence regarding such previous negative registrations.
In a new analysis, judge Maria Luíza Santana Assunção, rapporteur of the case, agreed: “There is no evidence in the records regarding previous restrictions in the name of the author”.
The judge explained that the irregular recording of the author's name in the list of defaulters constitutes presumed moral damage, “to the extent that it restricts purchasing capacity and access to credit”.