Post by account_disabled on Mar 11, 2024 0:07:48 GMT -4
The seizure of credits electronically can be done even if the creditor does not carry out all possible searches for assets that can be seized. For the Special Court of the Superior Court of Justice, Law ,/ allowed a new jurisprudential orientation, which no longer requires proof of exhaustion of due diligence in the search for assets. The judgment was made under the repetitive appeal procedure (article -C of the Code of Civil Procedure), which establishes the thesis for the other instances of Justice.
Caixa Econômica Federal filed a monitoring action against Austria Phone Numbers List a client who joined Crédito Direto Caixa, a loan granting program. As the client, cited by notice, did not file embargoes or offer assets for seizure, the judge ordered the conversion of the initial warrant into an executive title.
The judge of the th Federal Court of São Luís (MA) denied the request for online seizure, as the measure should only be made with proof that attempts to locate the debtor's other assets have been exhausted. The Maranhão Court of Justice maintained its understanding. The second instance also considered that credit seizure implies breach of banking secrecy.
At the STJ, Caixa claimed that, due to the innovations introduced by Law ,/, there is no need to prove, on the part of the creditor, that searches for assets have been exhausted.
The action's rapporteur, Minister Nancy Andrighi, recalled that the STJ has already consolidated its understanding of the case. With the entry into force of the law, new jurisprudential guidance emerged, in the sense that there is no longer a requirement for proof, on the part of the creditor, of exhaustion of extrajudicial channels in the search for assets to be seized. “With the preferential execution of electronic seizure, it is avoided giving the debtor the opportunity to frustrate the execution, taking advantage of the time lapse between the issuance of the letter to the Central Bank of Brazil, whose knowledge is within their reach, and the effective seizure”, he stated. the minister.
She ordered the case to be returned to the th Federal Court of São Luís, where, having removed the need to search for other assets, the online attachment request must be re-examined, observing the provisions of Resolution of the National Council of Justice, which regulates the single account registration procedure. With information from the Press Office of the Superior Court of Justice.
Caixa Econômica Federal filed a monitoring action against Austria Phone Numbers List a client who joined Crédito Direto Caixa, a loan granting program. As the client, cited by notice, did not file embargoes or offer assets for seizure, the judge ordered the conversion of the initial warrant into an executive title.
The judge of the th Federal Court of São Luís (MA) denied the request for online seizure, as the measure should only be made with proof that attempts to locate the debtor's other assets have been exhausted. The Maranhão Court of Justice maintained its understanding. The second instance also considered that credit seizure implies breach of banking secrecy.
At the STJ, Caixa claimed that, due to the innovations introduced by Law ,/, there is no need to prove, on the part of the creditor, that searches for assets have been exhausted.
The action's rapporteur, Minister Nancy Andrighi, recalled that the STJ has already consolidated its understanding of the case. With the entry into force of the law, new jurisprudential guidance emerged, in the sense that there is no longer a requirement for proof, on the part of the creditor, of exhaustion of extrajudicial channels in the search for assets to be seized. “With the preferential execution of electronic seizure, it is avoided giving the debtor the opportunity to frustrate the execution, taking advantage of the time lapse between the issuance of the letter to the Central Bank of Brazil, whose knowledge is within their reach, and the effective seizure”, he stated. the minister.
She ordered the case to be returned to the th Federal Court of São Luís, where, having removed the need to search for other assets, the online attachment request must be re-examined, observing the provisions of Resolution of the National Council of Justice, which regulates the single account registration procedure. With information from the Press Office of the Superior Court of Justice.