Consumer News

How long can I keep "bad name"?

07/29/2016

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The deadline for a debt to be charged in court or appear on credit protection registers (SPC, Serasa, SCPC) is 5 years.

When a complete debt five years, it can no longer be included in the credit restriction body, or be charged in court. Incidentally, even if another company "buy" your debt, it can not renew your registration in SCPC and Serasa, for another 5 years. However, the creditor can continue to charge the phone by debt, letter or in person.

The Consumer Protection Code (art.43, paragraph 1) states that the records may not contain negative information for a period exceeding five years, while the Civil Code (art.206, § 5) states that the right of collection debt expires in five years.

This period is counted from the date on which the debt won and not the date it was made the order.

So do not be charged in court the debt after five years of the date on which should have been paid, will be prescribed the right to charge the same and it can not appear in any credit protection registry, should the restriction be automatically deleted.

We recall that by renegotiating a debt, this agreement creates a new debt. In this case, if the consumer does not pay you may have the name included once again in the credit protection agencies for five years from the date when he ceased to pay the settlement.

Also remember that if there is improper inclusion in credit protection registers (Serasa, SCPC) the consumer should look for a lawyer you trust or public defender and enter lawsuit demanding the immediate exclusion of records and demanding compensation for moral damage resulting from improper registration.

Source: G1

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