With the transit in the judgment of the conviction and, with the executive title, it is necessary for the debtor to promote the immediate payment of the debt. If the executed does not anticipate and perform the spontaneous payment of the debt, the fulfillment phase will be inaugurated by requesting the exequent, which will be instructed with a statement of discriminated and updated.

Thus, the debtor will be summoned to pay the debt - according to the calculation memory presented by the exequent - within a period of fifteen days, under penalty of incidence of ten percent fine and ten percent attorneys, both expressly pre -Fixed. The temporal lapse above, begins the period of fifteen days for the executed, regardless of attachment or new subpoena, to offer its challenge, which can be seen, among other issues, on excess execution.

Although the deadline for the challenge begins only after the course of the period of fifteen days for spontaneous payment, nothing prevents the executing impuge eventually as soon as it is summoned for the fulfillment of the sentence.

However, NCPC removed the possibility provided for in the civil procedural code of 1973, which allowed the debtor to question the calculation presented by the creditor after the attachment or blocking of financial assets.

It remembers that, by the repealed procedure, at the time of payment for payment, if the calculation is not analyzed presented by the exequent, it would still be possible to know it and challenge it within 15 days after the attachment .

Currently, if the challenge is not presented within thirty days from the summons to compliance with sentence, the debtor loses the possibility of discussing eventual excess in the calculation and can only insure against supervenient facts or cognitive matters of craft.

Therefore, once untaped for payment, it is essential to analyze the calculation statement presented by the creditor, and, being verified any excess of execution, immediately submit its challenge, regardless of spontaneous payment, be able to question such values ​​later.