Audiência Conciliação 01 – Proc. N. 0827234-86.2015

Summary

In this court hearing, Judge José Andrade presides over a debt dispute between the claimant, Samara, and the defendant, represented by Elicarlos. After discussing the matter, the parties reach a settlement of R$ 700, with a 15-day deadline for payment and a 20% penalty for late payment. The settlement includes a declaration that the debt is 'inexistent' and an agreement to waive further appeals or costs. The judge concludes the hearing after confirming the settlement terms and thanking those present, effectively resolving the dispute.

Takeaways

• 😀 The judge, José Andrade, introduced himself and clarified the roles of the people involved in the hearing.
• 😀 Laís was not present at the hearing, but the defendant's lawyer (Dr. Edilson) and the plaintiff's lawyer (Dr. Jorge) were present.
• 😀 The judge initiated the proceedings by inquiring whether the parties had had any pre-hearing discussions regarding a potential settlement.
• 😀 The defendant's lawyer suggested a financial settlement of 500 reais, which was then discussed and renegotiated during the session.
• 😀 After further discussions, the defendant's lawyer agreed to increase the settlement offer to 700 reais, which was closer to the amount initially proposed by the plaintiff's lawyer.
• 😀 The payment was to be made in a single installment, due within 15 days of the agreement.
• 😀 Payment should be made through a specific bank account at Banco do Brasil, with the provided account details.
• 😀 A 30% penalty was initially proposed for non-payment, but the defendant's lawyer argued for a lower penalty, resulting in a final agreement of 20%.
• 😀 The parties agreed that the debt would be declared 'inexistent,' effectively closing the case with no further claims on the matter.
• 😀 Both parties waived their right to appeal, and the judge noted that the matter would be considered resolved with the settlement in place.

Q & A

Who is the judge presiding over the case?

The judge presiding over the case is José Andrade.

What was the primary issue discussed in the hearing?

The primary issue discussed in the hearing was a claim for moral damages, with the defendant's payment of outstanding debts being the central topic.

What initial offer did the defendant make regarding the payment?

The defendant initially offered R$ 500 to settle the issue, which was later discussed and adjusted.

How much did the parties finally agree on for the settlement?

The parties agreed on a payment of R$ 700 as a settlement amount.

What was the deadline for the payment to be made?

The payment was agreed to be made within 15 days.

How was the payment to be made?

The payment was to be made via a deposit to the Banco do Brasil, agency 3499, account 113 92 2-3.

What penalty would apply if the payment was not made on time?

If the payment was not made on time, a penalty of 20% would be added to the outstanding amount.

What did the judge confirm regarding the defendant's authority?

The judge confirmed that the defendant had the proper power of attorney to negotiate and finalize the agreement.

What did the parties agree regarding the debt that was initially claimed?

The parties agreed that the debt originally claimed would be declared nonexistent.

What was included in the final agreement that was presented in court?

The final agreement included the payment of R$ 700, the declaration of the debt as nonexistent, the 20% penalty for late payment, and the renunciation of the right to appeal the decision.