Failure to send invoices does not exclude the debtor’s liability, says judge

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Failure to send payment slips does not exclude the debtor's responsibility to settle the debt. This was understood by the 3rd Special Civil Court of Brasília when denying a consumer's request for compensation for moral damages against a tourism agency, due to the non-issuance of a payment slip referring to a contract established between the parties.  


With the decision, the company B2B Lead was also ordered to forward to the author the invoices corresponding to the outstanding, overdue and falling due installments, within 10 days, counting from the final judgment, under penalty of a daily fine in the amount of R$ 100 until the limit of R$1 thousand.

In the ruling, the judge denied removing the consumer's name from the defaulters' register and ordered the company to issue the invoices corresponding to the outstanding installments, since that was the payment method agreed between the parties.

“I understand that failure to send a payment slip within the agreed deadline does not exempt the consumer from the obligation to pay the debt, since he or she knew in advance the due date of the invoice and the amount of the debt, as well as legal means that enable payment. even if against the will of the creditor”, recorded the judge.



The judge also stated that, as the conclusion of the legal transaction was indisputable, it was not up to the debtor to remain silent in paying the invoices. “Although the situation brings annoyances and frustrations, these do not go beyond the mere unpleasantness of everyday life, so that the consumer cannot avoid fulfilling his duty simply by claiming that he did not receive the bill at his home.”

For the judge, the inclusion of the author's name in the credit protection bodies constituted a regular exercise of the right by the defendant, since the registration took place at the time of default.