In a recent decision (REsp n. 2.038.384), the 3rd Panel of the Superior Court of Justice made it possible to change the value of the cause in a monitory action until the warrant for payment has been issued.
A monitory action is an action in which one party does not have an enforceable title, but does have evidence of the existing legal relationship in order to make it possible to demand payment or fulfillment of an obligation.
In the specific case, the defendant made a judicial deposit of the amount stated both in the initial petition and in the payment order issued by the court; however, after discharge, the plaintiff contested the amount and requested adjustments to the initial petition to correct the value of the case.
In the first instance, the court found that the plaintiff had proven the occurrence of a material error and thus authorized the correction of the value of the case and ordered the defendant to supplement the amount deposited in court, and this decision was upheld by the second instance.
In judging the Special Appeal, Justice Nancy Andrighi explained that, in the case of a lawsuit under the monitory procedure, when there is no opposition to the monitory motion, the decision that orders the issuance of the payment warrant is effective as a judgment and becomes res judicata.
Regarding the value of the case, the Reporting Justice pointed out that the correction of the amount indicated in the initial petition, when it does not correspond to the property content or the economic benefit sought, can be made by the court up until the judgment, that is, up until the decision ordering the issuance of the payment order, if there has been no opposition to the motion.
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