STJ: statute of limitations on debt prevents collection, but does not impose removal of name from SERASA
Recently, the 3rd Panel of the Superior Court of Justice (STJ) ruled that it is not possible to collect out of court a debt that is time-barred. However, it held that this statute of limitations does not require the debtor to be removed from the “Serasa Limpa Nome” platform. In the case analyzed, the debtor […]
STJ denies restitution to borrower after failed property auctions
Recently, the 3rd Panel of the Superior Court of Justice (STJ) upheld the decision of the 32nd Chamber of Private Law of the São Paulo State Court of Justice, which did not refund the amounts to the borrower after the loan defaulted, as provided for in Law No. 9.514/97 – the “Fiduciary Alienation Law”. This […]
Legal certainty for debtors: STJ decides that the value of the cause in a monitory action can be changed until the payment order is issued
In a recent decision (REsp n. 2.038.384), the 3rd Panel of the Superior Court of Justice made it possible to change the value of the cause in a monitory action until the warrant for payment has been issued. A monitory action is an action in which one party does not have an enforceable title, but […]
STJ ruling: property owner not liable for condominium debt prior to adverse possession
In a recent decision (REsp n. 2.051.106/SP), the 3rd Panel of the STJ reaffirmed the position of the São Paulo State Court of Justice, which had dismissed an attachment for the enforcement of condominium debts on a property that had been usurped. The case in question began with an enforcement action brought by a condominium […]
STJ authorizes attachment of shares of debtor company in Judicial Reorganization
In a recent decision[1], the 3rd Panel of the Superior Court of Justice ruled that the creditor can seize shares of the debtor that are part of the share capital of a company undergoing judicial reorganization, given that the change in assets does not imply a reduction in the assets of the company being reorganized. […]
STJ decides that credit not qualified in RJ is subject to monetary restatement limit:
The 3rd Panel of the Superior Court of Justice, in a recent decision[1], held that although creditor qualification in judicial reorganization is not mandatory, unqualified claims are subject to a monetary restatement limit. The new jurisprudential understanding of Art. 9, item II of the Judicial Reorganization and Bankruptcy Law (Law No. 11.101/2005) stipulates that creditors’ […]
Superior Court of Justice rules that all defendants must be notified of the property appraiser
In a recent decision, the 3rd Panel of the Superior Court of Justice[1] ruled that all defendants must be notified of the order appointing the expert appraiser of the property being seized, in compliance with Article 465, paragraph 1 of the CPC. The case in question involved an action for enforcement of an extrajudicial title […]
STJ vetoes seizure of family property for condominium debt
In a recent decision[1], the 3rd Panel of the Superior Court of Justice recognized the impossibility of seizing a property for condominium debts because it was sold in trust to Caixa Econômica Federal – CEF, i.e. the Court made an exception to Law 8.009/90, which authorizes the seizure of family property (residential property) for condominium […]
STJ to discuss the adoption of an income limit for granting free justice
In a recent decision, the Special Court of the Superior Court of Justice assigned appeals No. 1.988.686, 1.988.687 and 1.988.697 to evaluate Theme No. 1.178 under the rite of repetitive appeals. The issue deals with the possibility of granting the benefit of free justice by evaluating an objective criterion linked to a certain level of […]
STJ decides that debtors can have part of their salary seized to pay debt
In a recent decision[1], the Special Court of the Superior Court of Justice ruled that, in exceptional cases, it is possible to seize debtors’ salaries to pay non-food debts. In the specific case, the Reporting Justice, João Otávio de Noronha, determined that the amount necessary for the debtor to finance his living costs should be […]
