Time-barred Debts: Your Rights and the Fight Against Unfair Charges

In Brazil, many consumers find themselves trapped by abusive charges for time-barred debts. The lack of information and the psychological pressure exerted by collection agencies cause many to give in to illegal demands, compromising their finances and emotional well-being. However, the justice system has taken a firm stance against such practices, guaranteeing the rights of consumers and protecting them from abuse.

A recent example of this judicial protection occurred in the District of Inhuma - PI, in CASE NO.: 0800666-85.2024.8.18.0054. In this case, a consumer was the target of undue charges for a time-barred debt, due for more than five years, and obtained a favorable decision that sentenced the company EUDORA COMÉRCIO LTDA to pay compensation for moral damages.

Prescription: A Limit for Collections

The prescription of a debt means that, after a certain period, the creditor loses the right to collect it in court. In the case of collections for services and products, this period is usually five years, according to article 206, § 5º, I, of the Civil Code. Thus, a prescribed debt becomes UNENFORCEABLE, that is, it cannot be collected in court or in an abusive extrajudicial manner.

In the case judged, the consumer made it clear that she did not recognize the legality of the collection, since the obligation had already prescribed. Even so, the company insisted on the collection, unduly exposing her by sharing her sensitive data with third parties, which violates the General Data Protection Law (LGPD).

Unfair Collections and the Impact on the Consumer's Life

As if the harassment of the collection were not enough, the original debt of R$351.85 was corrected to an absurd R$2,270.49. This aggressive and undue collection practice can cause serious emotional and financial harm to the consumer, who often gives in to pressure and makes unnecessary payments.

The courts have been clear: consumers cannot be forced to pay for something that the law already considers unenforceable. This understanding is supported by higher courts, as demonstrated by decisions of the Superior Court of Justice (STJ), which reaffirm the impossibility of abusive collections on prescribed debts.

Moral Damages and Consumer Protection

The moral damage in these situations is evident. The consumer suffers psychological pressure, has their data shared unduly and lives in constant fear of undue restrictions on their name. In the case of Inhuma - PI, the compensation was set at R$2,000.00, considering the emotional distress suffered by the plaintiff.

The LGPD protects consumers against the undue sharing of their personal data. Disclosure of statute-barred debts and repeated collections may constitute abuse and generate civil liability, guaranteeing compensation for the damages caused.

Your Rights and How to Defend Yourself

If you are being charged for a statute-barred debt, remember:

- The debt is unenforceable: you are not obliged to pay it, unless you want to.

- Excessive charges may generate compensation: if you are being harassed by undue charges, seek your rights.

- Do not sign new agreements without guidance: confessing the debt may reactivate its enforceability.

- Report abuses: file complaints with consumer protection agencies and seek legal advice.

Justice is on the side of the consumer. Companies that insist on undue charges must be held accountable. Information is your greatest ally in ensuring that your rights are respected. If you are suffering from abusive charges, seek a specialized lawyer and defend yourself. Don't let fear and pressure take away from you what the law has already guaranteed: financial peace of mind and protection against abuse!

Antônio Barbosa Lima O’Brien Júnior, Lawyer specializing in Consumer Law, Civil Law and Civil Procedure. For more information: +55 (86) 9 9988 - 9668.

REFERENCES

BRAZIL. Court of Justice of Piauí. Single Court of the District of Inhuma - Piauí. Declaratory action of non-existence of legal business with compensation for moral damages. Case number 0800666-85.2024.8.18.0054. Plaintiff: ISLANY FERREIRA REIS. Defendant: EUDORA COMERCIO LTDA. Judge: Dr. ELVIO IBSEN BARRETO DE SOUZA COUTINHO. Sentence: February 6, 2025.

BRAZIL. Superior Court of Justice - STJ. 3rd Panel. Special Appeal No. 2,088,100 - SP (2023/0264519-5). Appellant: Itapeva Credit Recovery LTDA. Respondent: Danilo Pedro de Araujo. Rapporteur: Hon. Minister NANCY ANDRIGHI. Judgment: 10/17/2023. Source: <https://processo.stj.jus.br/SCON/GetInteiroTeorDoAcordao?num_registro=202302645195&dt_publicacao=10/23/2023>. Accessed on July 7, 2024.

LATTES CV

He holds a degree in Law from Faculdade Maurício de Nassau - FAP Unit (2017). Bachelor's Degree in Portuguese and English Literature from ETEP University Center (2023). Bachelor's Degree in Portuguese and Spanish Literature from IBRA College in Brasília