Won the case but did not receive the money? The STJ has just established new rules to pressure difficult debtors.
You are probably familiar with the situation: a company enforces a debt, but when it is time to collect, the debtor “has nothing” in their name — even though they continue traveling and maintaining an inexplicable standard of living.
To address this, the STJ (Brazilian Superior Court of Justice) has ruled on the use of stricter measures, known as “atypical measures,” such as passport seizure or suspension of a driver’s license.
The decision confirmed that these measures may indeed be used to pressure the debtor. However, to prevent abuses, the Court established requirements that must be observed by the parties and the judge:
1. Effectiveness and proportional burden: the measure must be functional and must not cause excessive harm.
2. Subsidiarity: traditional measures (freezing bank accounts, seizing vehicles and real estate) must have been unsuccessful.
3. Reasoned justification: the measure must be properly justified in light of the ineffectiveness observed in each specific case.
4. Adversarial process, proportionality, and reasonableness: the debtor must have the opportunity to challenge the measure, which must be proportionate to the debt.
This decision represents a victory for creditors. It legitimizes the use of measures and practices against debtors who conceal assets, providing creditors with greater chances of success in debt recovery.
It is not an automatic “magic” solution, but it is a powerful tool. If you have stalled enforcement proceedings where the debtor appears to live a normal life while owing your company, it may be time to reassess your strategy.
Our team is available to analyze whether your collection cases fall within these new criteria and to pursue a more effective solution for recovering your credit.