Post by account_disabled on Mar 13, 2024 10:34:18 GMT 2
The court of the 14th Civil Chamber of the Court of Justice of Paraná decided to accept a request for partial garnishment of a debtor's salary, reversing the decision of the first instance judge who had rejected the garnishment.
Panel of the 14th Civil Chamber of the TJ-PR determines garnishment of debtor
Jakub Krechowicz ’s salary
After noting the non-payment of the B2B Lead debt and verifying the failure of successive searches for assets, the rapporteur of the case, judge Themis de Almeida Furquim, ordered the seizure of 15% of the debtor's net salary — as long as his decent subsistence was guaranteed —, as per pacified in the Superior Court of Justice.
According to the judge, article 833, paragraph 2, of the Code of Civil Procedure establishes that the system only allows exceptions if dealing with debts of a food nature or against the debtor who has a monthly income exceeding fifty minimum wages. This understanding was consolidated in the jurisprudence of the Superior Court of Justice.
The rapporteur also points to the decision of Minister Nancy Andrighi, according to which the application of article 649, IV, of CPC/73 requires a balanced judgment in light of the circumstances that arise case by case, and it is permissible that, in exceptional situations, if remove the unseizability of part of the debtor's remuneration so that judicial protection favorable to the creditor is effective.
The vote of judge Themis de Almeida Furquim was followed by those of judges José Hipólito Xavier Da Silva and João Antônio De Marchi.