The executed one is missing, but Justice has its eye on the Bitcoins and needs to know if they are still his to be able to block
A man, who responds to an execution action for a debt of R$ 42,651.34, may have Bitcoin seized by the Justice of São Paulo. The information that he would have cryptomoedas came from his own income tax returns.
According to the decision of Judge Alessandra Mendes Spalding, of the 2nd Civil Court of Ourinhos (SP), the executioner had informed the Federal Revenue that he had Bitcoin. However, the decision does not include the amount of cryptomorphs that the defendant declared.
Despite this information, the judge did not comply with the request made by the debt creditor to determine „the seizure of the amount corresponding to bitcoin“. The justification was that „the declaration submitted is from 2018, and there is no evidence that the defendant still holds assets of this nature.
The magistrate, on the other hand, complied with the request to issue a judicial letter to the brokers of cryptomites existing in the country „to inform the amount and values of any bitcoins, the interested party being responsible for informing the court the names and addresses of the same“.
Last days of Income Tax: free book teaches how to declare your bitcoins
Who lost money at Atlas and Bitcoin Banco needs to declare in the 2020 Income Tax?
Income Tax 2020: Bitcoin portal launches free ebook on how to declare cryptomoedas
The judge stated that the seizure of cryptomoedas can be made „in judicial proceedings, on the grounds that they are immaterial assets with patrimonial content.
The court had access to income tax returns of the defendant after the debt creditor requested Infojud, which brings the last three declarations of assets to the Federal Revenue.
According to a decision last year, the defendant had no car and no money in his bank account. The BacenJud issued to block the „credit pursued, R$ 42,651.34“ did not work.
The creditor’s solution was to ask the Federal Revenue Service for information on assets declared in the last three through Infojud. The magistrate answered the request and there it was discovered that the executed, until 2018 at least, had bitcoin.
Before finding the bitcoins, there was the concern of finding the missing executioner. He no longer answered in the execution anything and was not even located to be summoned. The man had disappeared.
Last year, the judge authorized the survey about his whereabouts, even officiating the „São Paulo Gas Company, with complete registration of 1.8 million customers and service in 88 cities of SP“.
To avoid coincidence with the namesake, the magistrate sent a letter to SIEL (Electoral Information System) which keeps a register of all voters in the country.
„In relation to the SIEL system, it is necessary to know the maternal affiliation as well as the date of birth of the executed one in order to solve doubts in case of possible homonyms, while for the other systems, the CPF number is enough“.
After much research, Justice has not yet found him, but found cryptomyces that may be his. Who will affirm if the bitcoins belong to the missing executioner will be the brokers of cryptomoedas.