Ação de Consignação em Pagamento: Resumo

Hello everyone! In this video, I'll give you a summary of the consignment in payment action. -- Follow our work on social media: Instagram: www.instagram.com/proftorques/ Telegram: https://t.me/dpcparaconcursos -- Below is a summary of the content: The consignment in payment action aims to release the debtor from a specific obligation, seeking a judicial declaration releasing the debtor from the obligation. The grounds for filing a consignment in payment action may arise from difficulties in accepting payment or doubt as to who should pay. These include: a) the creditor is unable or unjustifiably refuses to receive payment; b) the creditor does not receive the item in the place, time, and condition due; c) the creditor is incapable of receiving payment, is unknown, is declared absent, or resides in an uncertain location or one whose access is dangerous or difficult; d) there is doubt as to who should receive the payment; e) pending litigation regarding the object of payment. Consignment obligations may involve paying a certain sum or delivering a thing. Therefore, it does not apply to actions for obligations to do or not to do something. Consignment in payment can be done extrajudicially when it involves an obligation to pay a certain sum. In this case, the deposit must be made in a bank, and the bank manager must notify the creditor within 10 days. The creditor may:  withdraw the consigned amount or do nothing (debt settlement); or  not accept (no justification needed). In case of refusal, the debtor will have 1 month to file a consignment in payment action. If the action is not filed, the deposit becomes ineffective. Thus, a consignment in payment action may occur: a) when extrajudicial consignment in payment is unsuccessful; b) when it involves an obligation to deliver; and c) when the debtor opts for this modality directly. The action will be filed in the court of the place of payment. The deposit terminates interest and risks, unless the action is unsuccessful. When the consignment involves successive installments, once one installment is consigned, the remaining installments must be deposited within 5 days from the due date. If it is a consignment of an uncertain thing, we must observe whether the determination is the responsibility of the plaintiff or the defendant: a) if it depends on the plaintiff: it must be done at the time of the initial petition; or b) if it depends on the defendant: the judge sets a deadline (or 5 days) for the determination of the thing. Once summoned, the defendant will present a defense, and may allege that: a) there was no refusal or delay in receiving the amount or thing due; b) the refusal was justified; c) the deposit was not made within the time or place of payment; d) the deposit is not complete, in which case the defendant must indicate the amount he considers due. In the event of an allegation of insufficient deposit, it is up to the defendant to indicate the amount due. In this case: a) the plaintiff is summoned to: supplement the deposit within 10 days; and b) if there is no supplementation, there is partial release of the plaintiff and the defendant may withdraw the undisputed amount, the process continues to discuss the difference:  if the action is deemed admissible, the plaintiff is released from the difference and the defendant will pay the costs and fees;  if the action is deemed inadmissible, the defendant will have an enforceable title to execute against the defendant. When there is doubt as to who the creditor is: all possible creditors are summoned, as follows: i) if no one appears, the deposit is converted into a collection of unclaimed property; ii) if only one appears, the judge will decide on the consignment; iii) If more than one or all of the creditors appear, the judge declares the deposit made, extinguishes the debtor's (consignor's) obligation, and the process will continue to address the distribution among the creditors. -- Good studies! -- #consignmentinpayment #civilprocedure #cpc