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#CaseSTUDY

Important victory in a “debt buying” claim

BARBUSS, through a strategic initiative, has acquired the right to claim recovery by paying amounts to the insurance company and subrogating the right to file claims against third parties.

In the suburb of Cotia, São Paulo, a legal battle unfolded that would redefine the landscape of debt recovery and litigation rights. The case, known as BR- 325865-YSI, emerged as a PROPERTY CASE, shaking the foundations of traditional legal practices.

The essence of the case was the recognition of the validity of the assignment of rights and the subsequent validation of the lawsuit. The Court, in a groundbreaking ruling, affirmed the legitimacy of debt buying, a concept gaining momentum in legal circles. This decision, rooted in the principles of Brazilian civil law, opened new avenues for those seeking quick and efficient recovery of their claims.

The ruling held particular significance as it consolidated the practice of assigning “credits,” a term explicitly provided for in Brazilian civil law.

This not only marked a departure from conventional legal norms but also promised a paradigm shift in how individuals and entities approached the resolution of property cases.

As the news of the verdict spread, the legal community engaged in discussions about the implications of the decision.

Partners and clients alike were quick to recognize the potential of selling litigation rights, something unexplored at the moment. The promise of a swift and efficient recovery became a compelling proposition, attracting widespread interest and curiosity within legal circles.

BARBUSS, in the wake of this landmark case, found its value propositions further strengthened because clients were seeking not just legal representation but a strategic ally in their pursuit of justice.

For those interested in obtaining comprehensive details of the case, including access to the full information in the court file, please do not hesitate to reach out to the author, Yuri Agamenon Silva. Your inquiries and requests for additional information are warmly welcomed.

BARBUSS
Case Study by

Yuri Agamenon Silva
OAB-SP 295.540
Brazil Specialist