São Paulo justice ordered seizures of wages for Ana Hickmann next to the recording. The process was opened by Original bank Due to a debt of approximately $ 956,000 with a loan that would have been made on its behalf, which is denied by the presenter. Therefore Fancy He went to listen to experts to know when wages can be pledged by the court.
What is the attachment?
Normally, the legal connection to a person’s assets means that some of his assets were linked to the payment of a debt. This is a compulsory measure used by the judiciary to ensure that the creditor gets what is due to him, according to lawyer Marcelo Roitman, partner at the PLKC office. Once a good is pledged, it undergoes an assessment of an expert or legal evaluator and can follow two ways: to be transferred to the creditor to pay the debt or to be taken to the public auction, so that the amount collected with the sale is used to pay off the debt.
When does the payroll occur?
“In terms of wages, the general rule is without reality, since wages, pensions and pensions are protected,” he said. However, there are exceptions provided by law and recognized by case law. This is, for example, the case of maintenance debt, which allows connection to part of the compensation, according to the lawyer.
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Overall, however, the goal is to prevent the annex from compromising the debtor’s maintenance and his family, according to lawyer Bruno Damasceno, partner to Damasceno Advogados flag. “But in food debt, such as maintenance, this can be done, or when the debtor’s compensation exceeds 50 minimum wages,” he explains.
Thus, if a person receives 60 monthly minimum wages, for example, 10 minimum wages can be pledged, even if the debt is not food in nature, as with bank debt. “In addition, there are several judgments that, regardless of the nature of the debt and although the debtor’s compensation is less than 50 minimum wages, it is possible to attach a percentage of salary, provided that this does not jeopardize the debtor’s and his family.”
Thus, there is no possibility that the salary will be fully pledged, but some of it can be retained, provided that the remaining amount is sufficient to guarantee the debtor’s livelihood.
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According to lawyer Cecilia Paraná from Marina Denamarco’s office, the flexibility occurs in the rule, especially when there is evidence of abuse in the use of the protection of incredibility to avoid fulfilling the obligation. “The Supreme Court has admitted, in exceptional cases, the attachment of the percentage of up to 30% of the salary when this possibility is proven. But the debtor cannot in any case be deprived of his compensation, since all exceptions to the salary should observe the principle of human dignity.”
According to lawyer Stephanie Christine de Almeida, from Policezuk Advogados, when there is the attachment of the salary:
• The person can continue to work normally;
• May have part of the pledged income, provided that the legal and legal limit are respected;
• It must never be deprived of its compensation.
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The process
The defense of the presenter says that the legal process is ongoing and has already been established to carry out an expertise on the electronic signatures contained in the Banco Original contract. “Two points were questioned: The date for the issuance of the contract, which follows the electronic signature, and the fact that the document was not signed by Ana Hickmann. The digital signature does not follow the standard approved by the IC Brazil agency that makes it possible to be of the contract. Others, says the presenter’s advice.
Banco Original responded to the Infomoney report that he prefers not to comment on the case.