The judicial deposit is an important tool used by the Brazilian Judiciary to guarantee the payment of all legal debts, thus guaranteeing the security of payments during legal proceedings.
What is a court deposit?
The judicial deposit was created as a way to protect judicial payments, in this way, it offers the guarantee that the creditor will receive the amount. This type of payment provides extra security and guarantees the transparency of court transactions and prevents the recipient from defaulting.
In this way, the judicial deposit is an important tool used by the Judiciary to guarantee the smooth functioning of judicial executions, thus guaranteeing transparency during the processes and compliance with the payment sentences.
What is the purpose of a court deposit?
Due to the high number of defaults, the Judiciary felt the need to create a tool to guarantee the receipt of amounts collected, thus forcing the debtor to pay the debt of a process even before it is finalized.
But it is worth mentioning that even though it is a deposit that will be paid by one of the parties, it is not an automatic tool, the amount is only paid when the judge requests it in advance, if he feels that there is a possibility that the defendant will not pay the debt.
The main objective of the judicial deposit is to generate security for the recipient, ensuring that the creditor can file a lawsuit without the fear of not receiving the amount.
How does a court deposit work?
Pursuant to Article 2 of Complementary Law No. 151/2012, all amounts of judicial deposits must be made in official public institutions.
“Art. 2 Judicial and administrative deposits in cash referring to judicial or administrative, tax or non-tax proceedings, in which the State, the Federal District or the Municipalities are a party, must be made in an official federal, state or district financial institution”.
The banks most used to receive judicial deposits are Caixa Econômica Federal and Banco do Brasil.
Immediately after receiving the notice of payment, the debtor must immediately seek a public financial institution to pay the debt.
The debtor will then issue the court deposit slip, which can be purchased on the website of the Court handling the case or even at the bank where the transaction will be made.
After that, it is necessary to register on the judicial portal and go to the bank branch or do it online.
The account that will receive the money is a savings account and is under the custody of the Judiciary until the completion of the process. After the end, the beneficiary must go to the Court of the process, in order to receive the amount.
What are the risks of a court deposit?
The judicial deposit was created to reduce the possibility of “defaults” by debtors, so it is a very safe tool.
When is an escrow deposit recommended?
The judicial deposit is requested when there is the possibility of “default” by the debtor, or to guarantee the payment of the amount. This instrument helps the Judiciary to better organize its processes and guarantees that the values of the processes will be paid correctly.
In this way, the judicial deposit is a kind of guarantee that the payment of the debts of the process will be paid, since the amount paid is deposited even before the process is finalized.