Statute-By-Law Debts: Find Out Why They Cannot Be Collected

Many people face the burden of collecting old debts, carrying a sense of guilt or worry. But did you know that the law protects consumers against debt collections that have already expired? Understanding your rights not only brings relief but also allows you to take control of your financial life.

What is statute-barred debts?

Statute-barred is a concept provided for in the Civil Code that determines the period after which a debt can no longer be collected judicially. This means that, after a certain period, the creditor loses the right to demand payment through legal action, although the debt can be collected extrajudicially.

Article 206 of the Civil Code specifies the statute of limitations for different types of debts. For example:

- Credit card debts or bank loans generally expire in 5 years (art. 206, §5º, I)".

Rental obligations have a term of 3 years (art. 206, §3º, I).

Imagine that you contracted a debt in 2017 and, since then, have not made any payments or renegotiated. In 2023, you receive a call from a debt collection company demanding payment. In this case, if the debt is from a credit card, it has already expired, as it has exceeded the 5-year term without legal action. You have the right to refuse payment and will not suffer legal consequences.

What to do in case of collection of prescribed debts?

1. Check the date of the debt: Consult documents or records to find out when the debt was contracted and whether the statute of limitations has already expired.

2. Demand evidence from the creditor: The creditor must present detailed information about the origin and validity of the debt.

3. Know your rights: Debts that are time-barred cannot be collected in court or registered with credit protection agencies, such as SPC or Serasa.

Knowing that time-barred debts cannot be collected is an important step towards regaining your financial peace of mind. Knowing your rights and taking an informed position is liberating. Remember: knowledge is the first step towards regaining control of your financial life and building a more solid and peaceful future.

Antônio Barbosa Lima O’Brien Júnior, Lawyer specializing

in Consumer Law, Civil Law and Civil Procedure.

For more information: +55 (86) 9 9988 - 9668.

Lattes CV

Graduated in Law from Faculdade Maurício de Nassau - Unidade FAP (2017). Graduated in Portuguese and English Literature from Centro Universitário ETEP (2023). Bachelor's Degree in Portuguese and Spanish Languages ​​from IBRA College in Brasília (2024). Has a Technical Course in Buildings from the Technological Center for Vocational Education of Maranhão - CTEPMA (2024). Has a Postgraduate Degree in Consumer Law, Civil and Procedural Law and Public Law from Legale College (2021). Postgraduate Degree in Higher Education Teaching from Cândido Mendes University - Pró Saber Institute. Postgraduate student in Women's Law; Pension Planning; Estate, Family and Succession Planning, all from Legale College. Lawyer regularly registered with the Brazilian Bar Association under number 16650. Address to access this CV: https://lattes.cnpq.br/4424387435868424