Camila Asha Champam de Lacerda
Lawyer at Marcos Martins Advogados
In a recent decision, the judge of the 1st Court for the Execution of Extrajudicial Deeds and Arbitration Disputes in Brasília/DF granted the request to seize the rents received by the defendant from renting a commercial property, in order to pay off the debt owed to the creditor who filed the execution.
In its request, the creditor proved that the defendant owns a commercial shed, rented out to a cargo and parcel transportation company, as well as demonstrating that the rents were not unseizable, given that the property leased did not qualify as family property.
The creditor also demonstrated that the defendant hides his assets in order not to meet his obligations. An example of the concealment of assets was demonstrated on the basis of the Infojud search, through which the Judiciary has access to the income tax returns of individuals and/or companies. In the case in point, the defendant had not even declared ownership of the property to the IRS, nor the income received as rent.
In view of this evidence and considering the specific case, the magistrate granted the creditor’s request and approved the attachment of the rents, ordering the tenant company to deposit the amounts monthly in an account available to the court, up to the limit of the debt subject to execution.
Marcos Martins Advogados is attentive to new case law in order to provide our clients with appropriate and effective advice.
