Typical and atypical measures, with and without the need for a court decision, can be taken to force the debtor to pay outstanding debts
Summary
When someone defaults, there are legal measures to try to recover them, which include freezing bank accounts, seizing assets and seizing documents such as driving licenses and passports to try to recover the amount owed.
This could be the case for people who are in default, i.e. those who have debts with a financial institution blocked accounts from Justice, pawned goods AND documents such as passport and national driving license (CNH) seized. The measures aim to force the debtor to pay off his debts.
The freezing of accounts is one of the first measures adopted by the judiciary. However, the creditor is often unable to receive what is owed to him, as the debtor does not even have balances in his bank accounts. When this happens, a second attempt is to seize the assets, which can be real estate (such as houses and apartments) or movable property (such as cars, jewelry, etc.).
As for asset seizure, banks and other financial institutions can seize properties with debts still being financed, without the need for a court decision. The authorization was given by Federal Supreme Court (STF). Last October the ministers validated the rule that allows the recovery of property in the event of non-payment of real estate financing.
Companies and banks are also allowed to collect cars from people who are behind on car loan payments who have the vehicle as collateral. The authorization was given by Congresswhich annulled, in a session last month, President Lula’s veto on the article of the so-called Guarantee frameworkwhich allows the seizure of vehicles by creditor companies without a court decision.
If this is not the case with car financing, the debtor’s assets can also be seized as part of enforcement actions. This is what happened, for example, to presenter Ana Hickmann, whose car was blocked by the court due to debts.
If the debtor has no assets in his name, there are some atypical measures, such as seizure of passport and driving license. “If during the trial all the typical measures were taken to obtain the amount due in execution and it was not possible to find assets for this purpose, the judge can resort to these atypical measures,” explains the lawyer Fabrício Posocco to the Lawyer Earth.
Negative name
Default is a way to get a bad reputation. Leandro Aghazarm, civil lawyer of the Henneberg, Ferreira and Linard Advogados firm, underlines that, in addition to all these consequences mentioned above, With a bad credit, it will be difficult for a person to get loans from financial or payment institutions..
«In addition to loans, it is also more difficult to obtain higher limits for the use of credit cards, financing and installment payments. Even if the person with a bad reputation manages to obtain some of these products/services, the rates will be much higher and there will be collateral needs in some transactions,” he says.
“A person with a bad reputation will not be able to apply for credit from banks, financial institutions, shops, among others. With the inability to have credit, the person will not be able to pay for their purchases in installments, which may make it impossible for them to access certain products,” adds Stephanie Almeida, lawyer at Poliszezuk Advogados.
Being negative, or having a bad reputation, means having your name registered with credit protection agencies. A person can be in default (have outstanding debts) and not be in debt. Consumers can check their CPF for free by accessing the Serasa, Boa Vista and SPC Brasil websites.
Source: Terra
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