A stay of execution is an action that can be proposed by the debtor to discuss the creditor's execution. That is, the function of embargoes is to discuss issues relating to the payment that must be made to the creditor.
In motion for execution, the debtor may express your disagreement on the amount charged or on the content of the payment order given in the process. Embargoes on execution are a possibility for discussing values.
How to present the execution embargoes?
The motions to execution must be presented separately from the acknowledgment process, which is the main process where it was discussed whether the payment was due or not.
Thus, embargoes on execution are a separate process and receive a different numbering from the knowledge process, but in a condition of dependence on the main process.
Deadline to submit
Motions for execution may be filed within a period of 15 days from the date of citation.
What can be discussed in the execution embargoes?
The debtor can present its disagreement on the execution title presented by the debtor. In this case, it is necessary to prove that the title charged is not valid.
He can also discuss and prove that the valuation of the disputed asset or the pledge of the asset for payment was not done correctly or with the proper values.
The debtor can also discuss other issues that are related to his defense in relation to the payment collected.
But it is important to know that the discussion in embargoes is limited to issues of payment execution and the satisfaction of who should receive the amount. Other issues should be discussed in a new non-enforcement court case. These issues must be discussed in a new knowledge process.
Motions to execution with suspensive effect
If the debtor alleges other issues that are not related to the value, the embargoes can have a suspensive effect.
Through the request of the person presenting the embargoes, the judge can grant this effect, especially if the arguments presented could cause the debtor serious damage. However, for this it is necessary that the value of the execution has been guaranteed, for example, with a deposit or pledge in a sufficient amount for payment.
How to discuss the value
The appellant (debtor) must declare in the initial petition his disagreements and the amount he considers correct. For this, he must present the calculation that he considers right. If he doesn't, he runs the risk of having his application rejected.
Guarantor
The debtor's guarantor also plays an important role in the motion for execution. He can ask for the debtor's assets to be foreclosed and appraised so that payment can be guaranteed. He must name the debtor's assets that are sufficient to pay the debt.
This benefit is only not used if the guarantor expressly waives the right or if the debtor's assets are not sufficient for the full payment of the amount.
Embargoes on execution in the Code of Civil Procedure
The rules on motions to execution are in the Code of Civil Procedure (Law No. 13.105/15) in articles 914 to 920.
Also know what they are Infringing embargoes, Motion for clarification and Third Party Embargoes.