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Debts

When the debt may lead the bank to pawn my goods?

11.30.2015

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 

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Man worried about financial difficulties

Understand how the bank can take property in order to pay off a debt on a credit card

Reader question: I entered into an agreement with the bank to pay my dues on credit card and overdraft. I ended up delaying the payment of the agreement installments until I received an extrajudicial notification of a credit protection service. Correspondence said I had two days of receipt of the document, to pay or negotiate the debt. Thus, I would avoid the bank entered a lawsuit that could lead to seizure of my property, as practice provided for in the Civil Code. According to the document, the bank can pledge how many goods are required to pay the amount of current debt with interest, costs and attorney's fees. I wonder if this information is legal.

Ronaldo Gotlib response *

You have received a clearly lying and threatening correspondence in violation of Article 71 of the Consumer Protection Code. According to this article, it is prohibited in debts, threaten, coerce and constrain the debtor, as well as using false, inaccurate or misleading claims. The law provides for committing this offense, imprisonment of three months to one year or a fine.

To quote the article of the Civil Code out of context, matching takes his ignorance of the law to cause fear.

In fact, the bank, to collect this debt, would have to enter with a collection action which proceeding in court may last for years. During that time, any interest charged by the lender and considered abusive by the judge can be deducted from the debt value.

Only after this process, and if he wins the lawsuit, the bank may try to run the debt, pawning their goods. However, such assets may not be included in the law of immunity from seizure, which protects the assets of debtors.

They are exempt from seizure in the case of debt on the credit card and overdraft, the only property; furniture and household objects of utility; clothes and personal belongings; wages, income related to investments for retirement and pensions; books, machines, tools, utensils, or other property necessary for the exercise of any profession; life insurance; and deposits in savings worth up to 40 minimum wages (see what are the penalties for each type of debt).

It is easy, therefore, that the lender chose to bully you in the face of difficulty that will have to legally receive worth considering due.

I emphasize that this correspondence gives you the right to legally demand compensation for moral damage caused. My tip is that the abuse is reported to the police station and the Procon Consumer (Decon).

* Ronaldo Gotlib is financial adviser and lawyer in the areas of Consumer Law and the Debtor. Author of the books "Debt? I'm out! - A Guide to get you out of suffocation, "" Testament - How, where, how and why to do "," Home Ownership or Cause Self - The truth about housing finance "," Legal Guide Borrower and the Borrower candidate " besides being responsible for the preparation of the Debtor Protection Regulations and lectures on financial education.

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