Did you know that a prescribed debt cannot be collected, either judicially or extrajudicially?

A recent judgment by the Court of Justice of São Paulo reinforced this understanding, read:

Declaratory judgment of unenforceability of prescribed debt – Judgment of dismissal - Unfounded – Inclusion of the plaintiff's name in the "Serasa Limpa Nome" platform due to prescribed debt, from a bank contract – Application of the 5 (five)-year prescriptive term (art. 206, § 5º, I, of the Civil Code) - Prescription of the consummated debt - Lack of proof of a cause suspending or interrupting the prescriptive lapse - Unenforceability of the debt, due to prescription - Impossibility of judicial or extrajudicial collection of prescribed debt - Observance of the principle of reasonableness and legal certainty - Natural obligation - Debt that could only be paid voluntarily by the debtor (art. 882 of the Civil Code) – Precedents of the TJ-SP – Appeal granted. (TJ-SP - Civil Appeal: 1007189-30.2022.8.26.0361 Mogi das Cruzes, Rapporteur: Francisco Giaquinto, Judgment Date: 03/16/2023, 13th Private Law Chamber, Publication Date: 03/16/2023).

In this case, a consumer had her name included in the Serasa Limpa Nome platform for a debt from a bank contract that had already expired. The collection period was 5 years, according to article 206, § 5º, I, of the Civil Code. Since this period had already expired and there was no reason to suspend or interrupt the statute of limitations, the debt became unenforceable.

The Court emphasized that, after the statute of limitations, the debt is considered a natural obligation. This means that payment can only occur if the debtor himself decides to settle the debt voluntarily, without any type of coercive collection. Based on the principle of reasonableness and legal certainty, the Court of Justice of São Paulo ruled in favor of the consumer and determined that the debt was unenforceable. This decision reinforces that financial institutions and companies cannot insist on collecting amounts that have expired, thus ensuring greater protection for the consumer.

If your name has been included in a list of defaulters due to an expired debt, you can seek your rights!