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Possibility of Attachment to Salary Account and Savings Account

For a long time, it was understood that the salary account and savings account (up to 40 minimum wages) had absolute non-enforceability under article 833 of the Civil Procedure Code.

It turns out that, in view of a great scenario of default and creditors' difficulty in satisfying their credits in enforcement actions, this lack of enforceability has been relativized by the Judiciary.

In a recent ruling, the São Paulo State Court of Justice recognized that there must be a balance between credit satisfaction and the debtor's livelihood (AI nº 2262462-77.2020.8.26.0000).

With this, if it is verified that even with the pledges the dignity of the debtor and his family will be maintained, the rule of impenetrability must be relaxed so that financial assets and assets from the debtors' salary accounts and savings accounts are pledged.

The recent judgment of the São Paulo State Court of Justice allows for greater effectiveness in enforcement proceedings, so that the creditor recovers his credit more effectively before his debtors.

Did you know that many companies fail to make money because they do not give importance to credit recovery in the face of their debtors? Well, one of the ways for companies to remain financially healthy is to seek to satisfy claims in the face of defaulting debtors, especially through the filing of lawsuits.


By: Flávio de Mello Almada Ferreira

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