Writ Of Execution

 

 

What is it?

 

The writ of execution is equivalent to the “Formal Sharing” and/or “Adjudication Letter” issued by the Judiciary. They are prepared by the notary, with copies of a judicial process, united with public faith, composing the appropriate title for the transfer for real estate and movable property.

 

 

What are the procedures?

 

The interested party or the lawyer submits the judicial process, in physical form, to the notary public and indicates which pages of the process he/she would like to be authenticated to compose the “Writ of Execution”. The public notary will authenticate the pages and elaborate an opening and closing term in a security paper used to issue certificates.

Therefore, the writ of execution is done with certified copies of the process and the opening and closing terms.
The writ of execution can also be extracted from a digital file.

 

 

What is the legal basis for issuing a writ of execution?

 

Provision nº 31/2013 of the São Paulo Internal Affairs Department available on the website: https://www.extrajudicial.tjsp.jus.br/pexPtl/visualizarDetalhesPublicacao.do?cdTipopublicacao=3&nuSeqpublicacao=138

 

 

 

How to request it?

 

The writ of execution will be requested up the submission of the judicial process to the notary public and filling out the application available at the Notary Public Registry, indicating the number of sheets that will be authenticated.
The writ of execution issued by a notary public is going to be ready quicker than the judicial sentence as it has a maximum term of 5 days.

 

 

How much does it cost?

 

The price of the writ of execution will be composed by the value of each authenticated copy, plus the value of a certificate.

The price is fixed by law in all registries in this state. To check the values, consult the notary public of your choice.

 

Source: www.cnbsp.org.br