06/14/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Sophia Camargo
Collaboration for UOL, in São Paulo
When someone to pay a debt, you can go to jail? What are the consequences of default (overdue debt)?
If the debt is alimony, the debtor can go to jail for up to three months. But beyond this debt, there is no legal provision for delay in payments prison.
However, the lender may take a number of measures to recover their money, the most common being the negativation name, popular dirty name.
The debtor must receive a warning that the name will be included in the register within 10 days, if you do not pay the debt. Without this notice, inclusion is considered improper.
Having bad name makes life difficult for the debtor, which already can not open a bank account, rent property, take out loans or make forward purchases.
The other measures that may occur are protests in registry offices and lawsuits. If the debtor losing the action, he may have bank accounts and seized goods, such as home and car.
See, then, the consequences of not paying some bills. The information is Diogenes Donizete Treatment Center coordinator of Procon-SP overindebtedness, and lawyers Alexandre Berthe, specializing in Banking and Volnei Denardi, professor of Civil Procedure, in addition to regulatory agencies Anatel, Aneel and Arsesp.
Water
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The company should notify about the possibility of cutting 30 days in advance. You can include your name in the register of debtors (lists of dirty names).
stores Carnet (buying clothes, household appliances)
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Inclusion in records of debtors and legal collection. The store can only take back the appliance if the sale has been made with liens or buying and selling domain reserve, which is very rare.
Credit card
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Inclusion in records of debtors and legal collection.
Condominium
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lawsuit, with attachment of the property itself. In this case, the condo can not charge fine of more than 2%, plus interest of 1% per month and restatement.
Gas
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The company shall inform about the possibility of cutting with a minimum of 10 days. You can include your name in the register of debtors.
Electricity
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The company should notify about the possibility of cutting 15 days in advance and will have a maximum period of 90 days to make that cut.
If you pass this term, can not cut the light and the debt can only be charged in court. name inclusion in the register of debtors 15 days after the notice.
School
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May fail to renew the registration, unless it has already been formalized debt installment agreement and the payments are up to date.
Shutting down the student can only occur at the end of the semester or school year as educational regime.
You can not apply sanctions pedagogical (how to prevent to prove) or retain defaulting student documents.
home financing
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name inclusion in the register of debtors. If secured by liens (most common), the bank asks the real estate registry office to notify the borrower to pay.
Not made the payment without the need for court action, property registration officer passes ownership of the property to the bank, which can be taken to auction.
Made the auction and shot down the value of debt and expenses, any remaining balance will be returned to the borrower. If the value of the auction is less than the debt, the balance may not be charged to the borrower.
Car Financing
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name inclusion in the register of debtors. If secured by liens (most common), the bank will join a lawsuit of search and seizure.
If the borrower does not repay the debt, the bank can sell the car. If the sale price is higher than the debt amount, the bank slaughter value and returns the remainder to the debtor. If the value of the sale is not enough to pay the debt, the bank may charge the remaining balance.
Fixed-line, mobile, cable TV and broadband Internet
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15 days after notification: Partial suspension of service.
30 days after the start of the partial suspension: total suspension. In this case, the signature collection is prohibited or any other value for the provision of services.
30 days after the start of full suspension: Contract termination. Only after the termination of the contract is that the provider may include the customer's name in records of debtors, since forward to the receipt of written consumer termination, no later than 7 days.
Source: UOL
To access the UOL website, click here.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.