Judicial Debt Collection in Brazil: Complete Guide

Direct Answer

Judicial debt collection in Brazil can be carried out through enforcement of extrajudicial title (when there is a document with enforcement power), monitória action (when there is written proof without enforcement power), or a standard collection action. Enforcement allows direct asset seizure, including bank account freezing through SISBAJUD, vehicle seizure through RENAJUD, and real estate seizure. The debtor is served to pay within 3 days (enforcement) or 15 days (judgment compliance). Learn more about our real estate law services.

---

Extrajudicial Enforceable Titles

Art. 784 of the CPC lists documents constituting extrajudicial enforceable titles that permit direct enforcement:

Title	Legal Basis
Check, promissory note, trade bill	Art. 784, I
Public deed	Art. 784, II
Private document with 2 witnesses	Art. 784, III
Transaction instrument with 2 witnesses	Art. 784, IV
Life insurance contract	Art. 784, VI
Ground rent and laudemium credits	Art. 784, VII
CDA (Active Debt Certificate)	Art. 784, IX
Contract secured by mortgage, pledge, or antichresis	Art. 784, V

---

Enforcement of Extrajudicial Title

Procedure (Arts. 824-925, CPC)

1. Initial petition with enforceable title, debt calculation, and service request
2. Service on debtor to pay within 3 days (art. 829)
3. Seizure of sufficient assets to secure the enforcement
4. Appraisal of seized assets
5. Enforcement objections (debtor’s defense — 15-day deadline from seizure)
6. Evidentiary proceedings (if objections are filed)
7. Adjudication, sale, or appropriation of seized assets
8. Satisfaction of the credit

Service and Payment

The debtor is served to pay within 3 days. If they pay voluntarily, attorney fees are reduced by half (art. 827, paragraph 1). If not paid, seizure begins.

Enforcement Objections (Embargos)

The debtor may file objections within 15 days of the service order being filed (art. 915, CPC). Objections may allege:

• Payment, novation, or set-off
• Statute of limitations or forfeiture
• Excess enforcement
• Nullity of the enforceable title
• Any defense matter

Important: Objections do not automatically stay enforcement. A stay depends on a court order upon guarantee of the judgment (art. 919, paragraph 1).

---

Monitória Action (Summary Proceedings)

The monitória action is a tool for those who have written proof of debt without enforcement power (art. 700, CPC).

Accepted Evidence

• Contracts without witnesses
• Emails and WhatsApp messages
• Receipts and invoices
• Accepted estimates
• Bank statements
• Commercial correspondence

Procedure

1. Initial petition with written proof of the credit
2. Court decision issuing a monitória order
3. Service on debtor to pay or deliver within 15 days
4. If paid: fees of 5% (art. 701, paragraph 1)
5. If neither paid nor contested: order converts into judicial enforceable title
6. If contested: procedure continues as ordinary action

Advantages

• Faster procedure than a collection action
• Possibility of preliminary injunction (urgent relief)
• Automatic conversion to enforceable title if no defense is filed
• Lower court costs

---

Asset Seizure

Seizure (penhora) is the judicial constraint of debtor assets to guarantee credit satisfaction.

Seizure Order (Art. 835, CPC)

1. Cash (in hand or deposits/investments)
2. Government bonds
3. Securities and marketable instruments
4. Motor vehicles
5. Real estate
6. Movable property in general
7. Livestock
8. Ships and aircraft
9. Corporate shares and quotas
10. Percentage of revenue
11. Precious stones and metals
12. Acquisition rights over assets Learn more about our business law services.

Electronic Seizure Systems

System	Purpose
SISBAJUD (former BACENJUD)	Freezing bank accounts and investments
RENAJUD	Vehicle restrictions (transfer and circulation)
CNIB	Real estate unavailability
INFOJUD	Asset and income queries (Federal Revenue)
SERASAJUD	Credit bureau registration of debtor’s name

SISBAJUD — Online Seizure

SISBAJUD is the most effective seizure tool. It allows the judge to electronically:

• Query balances at all financial institutions
• Freeze funds in checking accounts, savings, and investments
• The operation is instant and confidential
• Reaches CDBs, investment funds, and private pension (with exceptions)

---

Exempt Assets

Art. 833 of the CPC protects certain assets from seizure:

• Family home — family’s residential property (Law 8,009/1990)
• Salaries and retirement benefits — up to 40 minimum wages in bank accounts
• Books, machines, and instruments of work
• Life insurance
• Materials needed for ongoing construction
• Small rural property worked by the family
• Public funds from party funds

Family Home Exceptions

Law 8,009/1990 lists exceptions where the family home may be seized:

• Child support debt
• Financing of the property itself
• Tax enforcement for property tax and condominium fees
• Rental guarantee

---

Debtor Asset Search

When the debtor has no known assets, the creditor can use various asset investigation mechanisms:

• INFOJUD — income tax returns and assets from Federal Revenue
• RENAJUD — registered vehicle queries
• CNIB/ARISP — registered real estate queries
• SISBAJUD — bank balance queries
• Board of Trade — corporate participation queries
• Property registries — ownership certificates
• Social media — evidence of displayed wealth

---

Debt Statute of Limitations

Debt Type	Period	Legal Basis
Check	6 months (enforcement) / 5 years (enrichment)	Check Law
Promissory note	3 years (enforcement) / 5 years (enrichment)	Uniform Law
Trade bill	3 years	Law 5,474/1968
Private contract	5 years	CC, art. 206, §5
Lease (rent)	3 years	CC, art. 206, §3
Civil liability	3 years	CC, art. 206, §3, V
Judicial enforceable titles	5 years (compliance)	CPC + CC

---

Negotiation and Settlement

Before resorting to the courts, extrajudicial collection is recommended:

• Extrajudicial notice — letter warning of judicial collection
• Notary protest — pressure through credit bureau registration
• Mediation — settlement attempt with a neutral third party
• Installment plan — proposal for payment in installments

Settlement can be reached at any point during judicial proceedings, including after seizure.

---

When to Consult an Attorney

Whether you are a creditor needing to collect a debt or a debtor served with enforcement, consult an attorney specialized in civil litigation to:

• Assess the viability of judicial collection
• Choose the most appropriate procedure (enforcement, monitória, collection)
• Locate debtor assets through asset investigation
• Request online seizure (SISBAJUD, RENAJUD)
• Defend against improper enforcement (objections)
• Negotiate judicial or extrajudicial settlements

ZS Advogados Associados has a specialized team in judicial collection and debt enforcement, with experience in asset location and use of electronic seizure tools. Contact us for a consultation.

---

Conclusion

Judicial debt collection is an essential tool for credit satisfaction. The choice between enforcement of extrajudicial title, monitória action, or collection action depends on the type of documentary evidence available. Electronic seizure systems (SISBAJUD, RENAJUD) have made enforcement significantly more effective. Specialized legal guidance is fundamental to maximizing credit recovery chances and ensuring compliance with legal obligations.

---

This article is for informational purposes only and does not constitute legal advice. Each case has specific circumstances that should be analyzed by a qualified attorney.