{"id":32711,"date":"2025-03-05T17:17:15","date_gmt":"2025-03-05T16:17:15","guid":{"rendered":"https:\/\/ursusnetwork.com\/paesi\/recupero-crediti-in-brasile\/"},"modified":"2025-11-26T22:24:13","modified_gmt":"2025-11-26T21:24:13","slug":"debt-collection-in-brazil","status":"publish","type":"vendor","link":"https:\/\/ursusnetwork.com\/en\/info\/debt-collection-in-brazil\/","title":{"rendered":"Debt collection in Brazil"},"content":{"rendered":"<h2>How to recover a commercial debt from a Brazilian debtor<\/h2>\n<p>Brazil is a market of great interest to Italian companies, but debt collection can be complex due to the peculiarities of the local legal system and the highly fragmented judicial infrastructure. Knowing the tools and procedures available is essential to best protect your interests.<\/p>\n<p>&nbsp;<\/p>\n<h2>Actions for international debt collection in Brazil<\/h2>\n<p>Anyone wishing to initiate debt collection proceedings against a debtor based in Brazil should bear in mind that the type of procedure depends on the documents proving the debt:<\/p>\n<ul>\n<li><strong>Enforcement <\/strong>(enforcement of extrajudicial enforcement order): applicable if the creditor has a document with enforceable value (e.g., contract signed with two witnesses, lease agreement, etc.). This is the fastest procedure.<\/li>\n<li><strong>Monitoria action<\/strong>: similar to an Italian injunction, if the claim is based on documents, it allows an enforceable title to be obtained if the debtor does not file an objection.<\/li>\n<li><strong>Ordinary action<\/strong>: this is the longest procedure, used when the previous options are not available.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>Foreign creditors can take action without restrictions against Brazilian individuals. However, in the absence of an enforceable title, a deposit equal to 10% of the claim may be required, which is refundable at the end of the proceedings.<\/p>\n<p>It is also possible to obtain precautionary measures: the judge may authorize the seizure of assets (bank accounts, real estate, vehicles) if there is a risk of the credit&#8217;s collateral being dispersed.<\/p>\n<p>&nbsp;<\/p>\n<h2>Why rely on an experienced lawyer for debt collection in Brazil<\/h2>\n<p>Before taking legal action, it is advisable to consult a local law firm with experience in debt collection, which will generally send a letter of formal notice to pay and, if necessary, negotiate a repayment plan with the appropriate guarantees.<\/p>\n<p>If the out-of-court action is unsuccessful, a Brazilian lawyer can carry out asset checks and investigations into any pending proceedings against the debtor in order to assess the most effective legal action.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>How to recover a commercial debt from a Brazilian debtor Brazil is a market of great interest to Italian companies, but debt collection can be complex due to the peculiarities of the local legal system and the highly fragmented judicial infrastructure. Knowing the tools and procedures available is essential to best protect your interests. &nbsp; [&hellip;]<\/p>\n","protected":false},"author":767,"featured_media":0,"template":"","country":[30],"class_list":["post-32711","vendor","type-vendor","status-publish","hentry","country-br"],"acf":[],"_links":{"self":[{"href":"https:\/\/ursusnetwork.com\/en\/wp-json\/wp\/v2\/vendor\/32711","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ursusnetwork.com\/en\/wp-json\/wp\/v2\/vendor"}],"about":[{"href":"https:\/\/ursusnetwork.com\/en\/wp-json\/wp\/v2\/types\/vendor"}],"author":[{"embeddable":true,"href":"https:\/\/ursusnetwork.com\/en\/wp-json\/wp\/v2\/users\/767"}],"wp:attachment":[{"href":"https:\/\/ursusnetwork.com\/en\/wp-json\/wp\/v2\/media?parent=32711"}],"wp:term":[{"taxonomy":"country","embeddable":true,"href":"https:\/\/ursusnetwork.com\/en\/wp-json\/wp\/v2\/country?post=32711"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}