Hello, everyone! In this video, I provide a summary of the payment consignment action. -- Follow our work on social media: Instagram: www.instagram.com/proftorques/ Telegram: https://t.me/dpcparaconcursos -- Below, I leave a summary of the content: The payment consignment action aims to release the debtor from a certain obligation, which aims at a judicial declaration releasing the debtor from the obligation. The hypotheses in which the payment consignment action is admissible may arise from difficulties in accepting the payment or doubt as to who will pay. They are: a) the creditor is unable or unjustifiably refuses to receive; b) the creditor does not receive the thing in the place, at the time and in the due condition; c) the creditor is unable to receive, is not known, is declared absent or resides in an uncertain location or whose access is dangerous or difficult to access; d) there is doubt as to who should receive the payment; and e) there is pending litigation regarding the object of the payment. Obligations to pay a certain amount or to deliver something may be consignable. It does not apply, therefore, to actions for obligation to do or not to do. The payment consignment may occur extrajudicially, when it involves the obligation to pay a specific amount. In this case, the deposit must be made in a bank network, and the bank manager must notify the creditor within 10 days. The creditor may:  withdraw the amount consigned or do nothing (payment of the debt); or  refuse to accept (no need to justify). In the event of refusal, the debtor will have 1 month to file the payment consignment action. If the action is not filed, the deposit will be null and void. Thus, the payment consignment action may occur: a) when the extrajudicial payment consignment is frustrated; b) when it involves the obligation to deliver; and c) when the debtor opts for this modality directly. The action will be filed in the court of the place of payment. The deposit ceases interest and risks, unless the action is dismissed. When the consignment involves successive installments, with one of the installments being consigned, the others must be deposited within 5 days from the due date. In the case of consignment of an uncertain item, we must observe whether the determination is up to the plaintiff or the defendant: a) if it is up to the plaintiff: he/she must do so at the time of the initial claim; or b) if it is up to the defendant: the judge sets a deadline (or within 5 days) for the determination of the item. Once summoned, the defendant will file a defense, and may allege that: a) there was no refusal or delay in receiving the amount or item due; b) the refusal was justified; c) the deposit was not made within the time limit or at the place of payment; d) the deposit is not in full, in which case he/she must indicate the amount he/she understands to be due. In the event of an allegation of insufficient deposit, it is up to the defendant to indicate the amount due. In this case: a) the plaintiff is notified to: complete the deposit within 10 days; and b) if there is no complement, there is partial release of the plaintiff and the defendant may raise the undisputed amount, the process continues to discuss the difference:  if the action is deemed admissible, the plaintiff is released from the difference and the defendant will pay the costs and fees;  if the action is deemed inadmissible, the defendant will have an executive title to execute against the defendant. When there is doubt as to who the creditor is: all possible creditors are cited, as follows: i) if no one appears, the deposit is converted into collection of vacant property; ii) if only one appears, the judge will decide on the consignment; iii) if more than one or all appear, the judge declares the deposit made, extinguishes the obligation of the debtor (consignor) and the process will continue its course to deal with the distribution among the creditors. -- Good studies! -- #consignationpayment #civilproceedings #cpc