Template request nullity attachment savings account

Template request nullity attachment savings account

EXCELLENT MISCELLANEOUS DOCTOR JUDGE ____ OF THE JUDICIARY SUBSECTION OF

THE COUNTY OF ____ - STATE OF _______.

Tax Enforcement Action.

Process nº:

Execente: ______

Exected: ______

MEVIO DE TAL, (full qualification), hereby represented by its attorney, Dr. ________ (qualification)
with office at: _________, comes with due respect, in the presence of Your Excellency, in the records
of this Fiscal Enforcement Action , require the following REQUIRED.

FACTIC CONSIDERATIONS

The plaintiff filed on ___________, the present action of execution of extrajudicial title, against
against_______

The process followed its regular course, being this requested quoted, however, remained inert as to the
payment of the debt re. In view of this, there had been a determination of constriction of amounts in
financial assets via Bacen-Jud, remaining the blocking of the following savings accounts:
_____________, all of them owned by the defendant.

These constrained values originate from a savings application of the Executed, emphasizing that the
value of the contract does not exceed the amount equivalent to 40 (forty) minimum salaries, which is
evidenced by the documents now collated.

There is a flagrant illegality here in the present case, which is why the present postulation is offered.

a) ABSOLUTE NULLITY. SUBJECT MATTER OF ACTION OF EMPLOYMENT TO

IMPLEMENTATION

It should be pointed out initially that the subject in question, that is, absolute nullity of a judicial act
(order of constriction of unapproachable property) can be argued at any time, declared ex officio, even
dismissing the attachment to the execution .

In this regard, we draw upon the lessons of the doctrine of Araken of Assisi:

"In general, opposition to the objective illegality of the attachment will be served through embargoes.
But the matter can be provoked by the regime of the simple request, provoking aggravation of the
decision of the judge. "(ASSIS, Araken, Manual of Executions, 10th Ed., São Paulo, 2006. Page 635)

By the way, below we note appropriate jurisprudence:

EMENTA: EMENTA: AGREEMENT OF INSTRUMENT. THE EMBARGOES THE EXECUTION.
PAYMENT OF SALARY SALES. POSSIBILITY. MAXIMUM LIMIT OF 30% OF VALUE.
PENHORA IN ACCOUNT SAVINGS. AMOUNT OF LESS THAN 40 MINIMUM WAGES.
ILLEGALITY. ARTICLE 833, X, OF THE NCPC. FURTHER PROVIDED APPEAL. 1) In view of
the principles governing the contractual relationship, in particular the autonomy of the will and the
mandatory force of the contract, the impen - ability of the salary can not be used in a distorted way,
failing to circumvent the responsibilities assumed and to encourage default. 2) From another north, of
course, the constriction should not reach the totality of the debtors' salaries, and should be limited to
30% of their net income, since the food can not be ignored and allow retention at a level that result in
the impossibility of their subsistence and of their family. 3) Pursuant to art. 833, X of the NCPC, the
amount deposited in a savings account can not be transferred up to the limit of 40 minimum wages. 4)
Appeal provided in part. (Mark Lincoln).

ANNULATOR. WANT IT NULLITATIS. NUMBER OF CITATION AND PENHORA PROMOTED

IN THE CARS OF THE EXECUTION. INEXISTANCE OF JUDICIAL ACT IMPOSSIBLE, AS THE
PROCESS WAS NOT STILL EXTINCT. Absolute nullity, provided for in the article, [CPC / 2015, art.
803, inc. II], which is not subject to estoppel, and may be invoked, at any time, within the scope of the
enforcement procedure, even though the period for objection of seizures has expired. Lack of
procedural interest. Lack of recognized action. Extinguished process without resolution of merit.
Reduction of the amount fixed as legal fees. Appeal partially provided. (TJSP - APL 9159292-
87.2008.8.26.0000; Ac. 6180156; Taboão da Serra; Fifth Chamber of Private Law; Rel. Des. Erickson
Gavazza Marques, Judge 05/09/2012; DJESP 19/09/2012). 618II civil process code

b) CONSERVATION OF LESS THAN 40 MINIMUM WAGES IN SAVINGS ACCOUNT. ACT

NULL.

It is verified that the constriction was deposited in a savings account, the amount of which does not
exceed 40 (forty) minimum wages. Such procedural conduct violated the Applicant's net and certain
right.

The article, inc. X, qualifies as absolutely unenforceable deposits in a savings account, if it does not
exceed the equivalent of forty (40) minimum salaries. The positive legal order, in this respect,
privileged personal survival to the detriment of other debts.883 New Code of Civil Procedure

CIVIL PROCEDURE CODE -article 843 - The following can not be inspected:

(...)

X - the amount deposited in a savings account, up to the limit of 40 (forty) minimum salaries;

Why Burning Exe