A insolvência requerida pelo credor
Autor | Geraldo Aparecido do Livramento |
Ocupação do Autor | O autor é Pedagogo, graduado na primeira turma da Faculdade de Filosofia, Ciências e Letras de Votuporanga (SP). Especialista em didática |
Páginas | 280-281 |
Page 280
O credor terá que instruir o pedido com o título executivo extra-judicial e o devedor será citado para, no prazo de 10 (dez) dias, opor embargos e, se não os oferecer, o juiz proferirá em 10 (dez) dias a sentença. O devedor poderá se defender por via dos embargos à execução, nos quais deverá alegar qualquer matéria de defesa colocada à
Page 281
disposição da Fazenda Pública, ou ainda, qualquer matéria que possa ser alegada em qualquer espécie de execução, nos termos dos artigos 741, 742 e 745, do Código de Processo Civil de 1.973. Citado, o devedor também poderá ilidir o pedido de insolvência desde que no prazo para opor embargos e depositar a importância do crédito para lhe discutir a legitimidade ou o valor.
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