Nathália Guedes Brum
Lawyer at Marcos Martins Advogados Associados
The Civil Court of Marília accepted the Monitory Motion filed by Marcos Martins Advogados, dismissing the monitory action filed by the opposing party for lack of interest.
This is a monitory action brought by a financial institution against a client of the law firm Marcos Martins Advogados for payment of a debt related to a BNDES card.
The defendant company filed a motion to set aside the monitory action, claiming, preliminarily, that the petition was not complete, as it was not accompanied by the documents required to file a monitory action, since there was no breakdown or proof of the composition of the debt and its evolution, and that, on the merits, there was overcharging.
It was pointed out in the motions for clarification that the documents attached to the case file do not appear to be sufficient to support the monitory action, and therefore cannot be considered “written evidence without the efficacy of an enforcement order”, as provided for in article 700 of the Code of Civil Procedure.
Thus, given the absence of documents capable of demonstrating the origin and evolution of the debt, the monitory objections were upheld and the action was dismissed without resolution of the merits, on the basis of article 485, item VI, of the Code of Civil Procedure, for lack of procedural interest.
The success obtained through the defense thesis prevented the alleged debt against the claimants from being recognized, allowing the clients’ assets to be maintained.
