TJAM determines that operator Hi remove client name Serasa and SPC

The client had filed proceedings seeking damages against the company.
10/10/2016 10h05 - Updated 10/10/2016 10h05
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Judge Antonio Carlos Marinho Bezerra Junior, holder of the 12th Special Civil Juvenile Court of Manaus County, It determined that the operator Hi Mobile S.A remove the SPC and Serasa the name of a customer, who filed a lawsuit seeking damages against the company. The decision was made despite the suspension of lawsuits against the operator, throughout Brazil, because the same being in bankruptcy protection.

According to the magistrate, the suspension of actions and executions against the company in this judicial recovery phase are designed to allow the operator to set and stabilize the volume of its debt. However, as in the case of action judged by TJAM, Justice may order the withdrawal of customer names that are being harmed by being in the SPC and Serasa, because this measure does not burden the company's debt, explains the judge. “In bankruptcy, was expressly authorized to emergency guardianship grant, the legal processes against the companies in the group Hi”, He added the magistrate.

In relation to the claim for compensation, as added burden, this will have to await progress of the origin of the bankruptcy process. Judge Antonio Carlos Marinho determined that, in case of non-compliance with decision, the company pay a fine of R $ 200, limited to a period of 30 days. Once you close the term 180 days of bankruptcy.

The judge cited the decision, the process number 0203711-652016.8.19.0001, from 29 June this year, which deals with the bankruptcy of the company Hi Mobile. In him, the holder of the 7 th Corporate Court of the Court of Rio de Janeiro (TJRJ), Judge Fernando Viana, accepts the application for bankruptcy protection, for a period of 180 days.

"The elements of conviction that aparelham the initial petition, above documents, show sufficient probability of the alleged right to exercise emergency summary cognition, so that, a controversial time effectively the healthiness of the collection managed against only, to be secured to the author to be suspended from the deleterious effects of restrictive credit note, given its importance in daily life in modern society”, the judge wrote in his decision.

Source: TJAM

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