Post by account_disabled on Mar 14, 2024 15:06:46 GMT 7
If the store does not pay rent, its products may be seized. With this understanding, the 6th Civil Chamber of the Court of Justice of Goiás ordered the judicial seizure of jewelry from a jewelry store that owes money to a shopping center in Goiânia.
Representing the mall in the case, lawyer B2B Lead Leonardo Honorato argued that urgent relief should be granted due to the presence of elements that demonstrate the probability of the right and the danger of damage or risk to the useful outcome of the process.
Honorato also said that, as it was a jewelry store, it could easily hide assets and frustrate the claims of its creditors.
Despite the lease agreement signed between the jewelry store and the former tenant, among the supporting documents collected, a term of assignment of rights signed by the previous and current tenant was presented, so that the tenant succeeded in the commercial relationship. According to Leonardo, there are also media contracts, emails and invoices in the name of the jewelry store, highlighting the link with the mall.
“The possibility of granting arrest in monitoring action and not just in processes based on an executive title was also defended, bringing together, for this purpose, cases judged by the Court of Justice of the State of Goiás, in support of the thesis”, says the lawyer.
Judge Fausto Moreira Diniz declared that the arguments presented were “revealing convincing and relevant grounds capable of highlighting the probability of the right, danger of damage or risk to the useful outcome of the process”.
The magistrate then granted appeal protection, authorizing the seizure of the debtor's assets, as an incidental precautionary emergency protection and against personal security deposit (third party guarantee). The seizure of the assets can only be carried out upon provision of a guarantee by the appellant, the shopping mall, in an amount limited to the amount of the debt.