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Rights of the debtor upon collection

08 de April de 2019

Contrary to many people’s beliefs, duty is not a crime and even those who have not honored their commitments are protected by rules and rights that must be followed by companies. We know that the lender has every right to collect an unpaid debt, however, it must act within the limits that the law allows. This is because, just like the creditor, the debtor also has their rights and can sue the courts when the charge is abusive.

According to the Consumer Protection Code, the defaulter can not be subjected to any type of embarrassment or threat or harassment in an abusive way, being exposed to ridicule. Also, no artifice can interfere with your work, rest or leisure.

To facilitate understanding, we list below some abusive debt collection practices, which are:

  • put sound car in the neighborhood to point the debtor and his debt;
  • pursue the debtor or approach him in a public place;
  • exposing the check returned at the cashier or shop window;
  • leave a message about the collection with relatives, friends, neighbors and co-workers;
  • make incessant collections and outside of business hours (08h to 18h);
  • send a letter to the debtor with debt information on the envelope or with the collection company logo;
  • communicate debt on social networks, in the building or in the neighborhood.

Finally, the important thing is not to accept an abusive charge and seek your rights if you are a victim of an illegal practice.

Dr. Athos Freitas Fernandes Souza – OAB/MG 176.707
Dr. Giovanni Bittencourt de Souza – OAB/MG 176.984

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