Clipping of news on Brazilian Culture, Law and Citizenship
07/09/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
Renegotiate debts and pay is not bad business. The debtor loses conquers advantages in trading such as abatement of interest, and your name may reappear in delinquent registration, warn consultants interviewed by UOL.
"The debtor may lose all benefits obtained in the renegotiation and still suffer from the charging of interest, which makes the original debt even higher," the president of the Commission for Consumer Protection of the OAB-SP, Marco Antonio Araujo Junior.
"Doing a sloppy renegotiation is much worse than being in debt," he says. That's because when the debtor renegotiates the contract, usually before the debt is extinguished and it creates a new obligation. This new debt will also have fines for noncompliance and application of interest.
Moreover, the lack of payment of this contract may take the name of the debtor to the records of defaulters for five years old again. That is, even if the debtor's name had already been on the register for nearly five years, to not pay the debt renegotiated, the period starts counting again.
Talk with the lender to try new deadline
Even in a well made renegotiation unforeseen can happen along the way, as the borrower becomes unemployed. If the debtor realizes that will fail to meet the terms of the new debt, it is important to seek the creditor before the due date to show good faith.
Paulo Brito, commercial manager of PNH Invest advises the debtor asking for a grace period to start paying again. "Some banks give this period the debtor so he can settle the score. Advantage to the bank is able to pay, because he often has this already built into your credit balance as a loss," he says.
The lender, however, is not required to renegotiate the debt. It can charge all that was required by the contract and commission guarantees offered. If the debt is paid by the guarantor, the person who enters into the contract to secure the debt, then it can charge the debtor.
Look for alternative ways to render and arrange the budget
For those who need to put in order the budget, financial educator Mauro Calil suggests that one look for some good that available to sell. "Often people are full of clothes and books at home, and forget that they can make money selling clothes at a thrift store and the books to a used bookstore," he says.
Another way out, he said, is to get a loan offering that has some good warranty, since this type of loan out much more into account. Refinance a car or a second property that the person owns are good options. However, it is the only property which the person resides, it should be preserved.
Taking up more than one debt negotiation is a sign that something is wrong, warns Nicola Tingas, chief economist Acrefi (National Association of Credit Institutions, Finance and Investment).
"It shows an imbalance: either the person earns little to cover necessary expenses or gains well and overspends In either case, it will have to make a budget to match what it spends to win is a matter of personal financial management.." says. "The secret is not to renegotiate contracts indefinitely, but change your financial life."
Read below what can happen to the borrower and where to seek help.
1 - How long the name is dirty?
The lender may send the debtor's name to the register of defaulters so that the debt is not paid. Is for 5 years from the date of the entry name in the register. If the debt is renegotiated and not paid back, the name will go to the register of defaulters for 5 more years
2 - He paid the debt, the name comes off the record?
The creditor is within 5 working days to remove the name from the signing of the contract renegotiation. If you do not, the debtor has the right to go to court to enforce this right
3 - How long can you be charged?
The debt may be charged by the lender for up to 10 years maximum charge allowed by the Civil Code. The period varies according to the type of debt. The most common term is 5 years. If the lender does not go to court to charge, that debt may prescribe, ie, the lender loses the right to charge in court
4 - The debt ceases to exist?
If the lender filed a lawsuit to collect the debt, it will continue to exist until the debtor to pay what they owe or lender and borrower enter into an agreement
5 - What the debtor may lose because of debt?
Besides having the name entered in the register of defaulters may suffer charges, losing assets that have to pay the debt, have money in an account pledged
6 - What can the debtor do not suffer?
The debtor can not be imprisoned for debt (the exception is the debt of judicial alimony), can not suffer humiliating charges nor lose the only family property to pay debts (unless the debt is on the property itself such as property tax, condo or funding)
7 - What the debtor should avoid?
Should avoid miraculous proposals as "clear his name without paying the dues" or "borrow money even with the dirty name": these practices are usually blows applied to the debtor. There also ask money to moneylenders who usually make use illegal means to collect
8 - Who can help the debtor?
Search Procon your city. In São Paulo, there is a core to help heavily in debt. The central credit protection also offer help to renegotiate debts. Examples are Serasa Experian and the Central Service for credit. Or contact an attorney you trust
Source: Uol
Our news are taken in full from our partner sites. For this reason, we can not change their content even in cases of typos.
transparent image
This article was translated by an automatic translation system, and was therefore not reviewed by people.