VEHICLE FINANCING · SPD ADVOCACIA
Vehicle repossession in Brazil: deadlines, amounts and defense
For those who received a notice, had their car seized or were sued by the bank. The analysis starts with the 5-day and 15-day deadlines, the contract and the notice.
Check of the 5-day and 15-day deadlines
Analysis by the lawyer in charge of the case
Defense in court and negotiation with the bank
Written fee proposal, with no surprises
What is your situation?
Tap your situation to start:
PRACTICE AREAS
What we do in repossession cases
Repossession has short deadlines and its own rules. The work starts with the date of the seizure, the amount the bank presented and the notice, to decide whether the route is payment, settlement or defense.
Deadlines and amounts
Check of the 5-day and 15-day deadlines
Full amount presented by the bank
Charges, fees and insurance in the contract
Comparison with the Central Bank average rate
Defense in court
Defense within 15 days
Notice and proof of default
Charges above what is owed
Settlement during the case
Notary route
Notice from the notary office or Detran
20-day deadline to pay or contest
Out-of-court seizure
Access to the courts at any time
After the sale
Sale price of the vehicle
The bank's accounting
Balance owed to the debtor
Collection of any shortfall
From the notice to the recommended route
In repossession cases, deadlines run from the seizure. The analysis starts with them.
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You send the documents
We check deadlines and amounts
You receive the route and the proposal
On WhatsApp: the notice or court order, the financing contract and payment receipts.
We check the date of the seizure, the amount stated by the bank, the notice and the charges in the contract.
We present the recommended route (payment, settlement or defense) and a written fee proposal, before any engagement.
Sidnei Pedro Dias
Founding lawyer · Master's candidate in Law
OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693
Consumer defense against the bank
The firm is led by lawyer Sidnei Pedro Dias, with ten years of practice in disputes with banks, from collections and enforcement actions to the review of credit contracts. The team follows every stage of the case.
Working fully online, SPD Advocacia advises clients from different sectors throughout Brazil, from the analysis of the bank contract to the defense in court, including before the superior courts (STJ and STF).
Sidnei Pedro Dias Sociedade Individual de Advocacia · registered with the OAB/GO under no. 3.123
Cases we handle every day
Common examples, described in general terms. Each case depends on its own facts and documents.
Notice received
The bank sent a default notice to the address in the contract. For the STJ, sending it is enough, without proof that the debtor received it (Topic 1132). This is the time to check the amount and the settlement options.
Car seized
The car was seized. Within 5 days, the debtor can pay the full debt stated by the bank and get the vehicle back (STJ Topic 722). Within 15 days, the debtor can file a defense.
Notary route
Contracts with an express clause allow seizure through a notary office or Detran (Law 14.711/2023). The debtor is notified first and can pay within 20 days or go to court.
After the sale
The bank sold the car. It must use the proceeds to pay the debt and expenses and hand the balance to the debtor, with an accounting (art. 2 of Decree-Law 911/1969).
Frequently asked questions about vehicle repossession
If I pay the overdue installments, do I get the car back?
Not in the court case. The law and the STJ require payment of the full outstanding debt within 5 days of the seizure (Topic 722). A settlement with the bank may have other terms.
When do the deadlines start?
From the execution of the order, that is, from the seizure: 5 days to pay and 15 days for the defense (art. 3 of Decree-Law 911/1969).
Can the bank take the car without a judge?
Yes, through a notary office or Detran, if the contract has an express clause (Law 14.711/2023). The debtor is notified first and can go to court.
Do I still owe money after the bank sells the car?
It depends on the sale price and the debt. If there is money left over, it belongs to the debtor, and the bank must provide an accounting.
Where can I read more?
In the article Vehicle repossession: what to do, with the deadlines, documents and official sources (in Portuguese).
Bring the deadlines of your case
Send the notice or court order on WhatsApp and tell us the date of the seizure. The team replies with a check of the deadlines and a written proposal.
If you prefer, write to dias@spd.adv.br
Informational content, in accordance with the OAB rules (Provision 205/2021). Each case needs its own analysis, and we do not promise results. Sidnei Pedro Dias Sociedade Individual de Advocacia · OAB/GO 3.123 · CNPJ 32.614.440/0001-25