Brazil Debt Collection – No Win No Fee
Creditreform operates a global specialist International debt collections service. We have local offices and fully approved expert international debt collection agency partners in every country worldwide. All our International debt collection agency partners and offices operate on a No Win No Fee basis charging an agreed commission against monies recovered only.
Herewith details of our debt collection service Brazil
Location of office(s) in Brazil
Novo Hamburgo/RS and Porto Alegre/RS, but we are registered and able to litigate on every jurisdiction on the country.
Number of staff
75 lawyers and 25 paralegals/support staff
How long been operating in Brazil
Since 1990, we will be 30 years old next may.
What type of debts do you recover?
We do both commercial (B2B) and consumer (B2C)
Statute of limitation in Brazil
It depends on the debt, usually 5 years.
How EU laws effect debt collection in Brazil?
Brazilian laws are very similar to EU laws but we have huge consumer protection and usually courts will apply Brazilian law disregarding of any parties agreement or contract
How many registries in Brazil for businesses? (i.e. UK just has 1 central registry)
There are numerous registries for business. Each state has one chamber of commerce that regulates estate registration, cities also may have a registry center and there is a central registration for companies nation wide. Usually companies are registered in the 3 (city, state and federal)
What is the process in Brazil?
It depends on the document attesting the debt. If it is a invoice (or other judicially recognized debts) it is possible to file a claim asking for the debtor to pay in 15 days. If it is not paid the court will proceed with bank account blocking and all the required procedures to charge the debt. If the document is not a invoice or a non-legal recognized document there is the requirement to file a claim to first recognize the validity of the document and the debt and then proceed with debt collection.
Average length of time to collect?
1 year for judicially recognized documents, 4 years for non-recognized
Can late payment fees / interest be added to claims?
Yes
Details on legal service / process in Brazil
Our office usually prefers to try to collect the debt without filling a claim, this avoid delays and costs. Brazilian judicial system has been recently renewed and since 2015 debt collections are faster and more effective. We also do a case to case analysis to recommend our clients on the best approach. Judicial costs tend to be around 1% of the debt and this amount can be charged from the debtor at the end of the claim.
We have been experiencing a modernization of the judicial system in Brazil, claims are now electronic and government branches are syntonised with judges to better find resources to cover the debts. It has never been a better time to file a claim in Brazil.
There are many unique requirements to recovering international debts in all countries including Brazil debt collection services which differ from the UK and therefore it is very important that cases are handled directly by our expert international debt collection agencies and not from the UK office. This method of international debt collection sets Creditreform aside from the competition who in many cases try and recover debts from a UK office base only. Using the local offices and partners enables us to achieve a far greater success rate and our No Win No Fee service together with competitive commission rates against monies recovered only ensures you get the best service.
