Banking lawyer for companies: defense in enforcement actions and collections

PRACTICE AREAS

Enforcement actions, collections and account freezes drain your cash flow. The work starts by reading the contracts and statements to find what the bank charged beyond what was due and decide whether the path is defense, review or settlement.

Defense in enforcement actions

Collection and renegotiation

Contract review

Assets and accounts

• Defenses against enforcement of bank credit notes (CCB) and working capital

• Pre-enforcement objection, when applicable

• Defense of guarantors and sureties

• Follow-up until the end of the case

• Defense in collection and payment order actions

• Response to notices and protests

• Settlement with the bank

• Renegotiation with an affordable installment

• Interest and charges above what was agreed

• Fees, insurance and securities bundled into the loan

• Calculation of the amount actually owed

• Review before or during the lawsuit

• Release of frozen accounts and receivables

• Search and seizure of vehicles and machinery

• Defense of property given as collateral

• Protecting cash flow during the case

Business owners have no time to lose. The first contact is already work.

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You send the documents

We review contracts and calculations

You receive the plan and the proposal

By WhatsApp or online meeting, you send the summons or the bank's notice, the contracts and the account statements.

We check what was agreed, what the bank is charging, the deadlines of the case and the risks to the assets of the company and its partners.

We present the recommended strategy (defense, review or settlement) and a written fee proposal, before any engagement.

Founding attorney · Master's candidate in Law

The firm is led by attorney Sidnei Pedro Dias, with more than ten years of practice defending companies and business owners in enforcement actions, collections and disputes with banks. The team follows every step of your case, from the first contact to the conclusion.

OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693

Headquartered in Anápolis-GO with fully digital service, SPD Advocacia advises companies from different sectors throughout Brazil, from reviewing the bank contract to defense in court, including in the higher courts (STJ and STF).

Sidnei Pedro Dias Sociedade Individual de Advocacia · registered with OAB/GO under no. 3,123

Common examples, described in general terms. Each case depends on its own facts and documents.

Working capital enforcement

Partner charged as guarantor

The company falls behind on loan installments and the bank files an enforcement action. The deadline for the defense is short, and that is where the charges, the amount claimed and the payment terms are discussed.

The partner signed the contract as guarantor and is now being charged together with the company. The defense checks the limits of that guarantee and seeks to protect personal assets.

Frozen account

Search and seizure

In enforcement proceedings, the bank may request freezing of accounts and card-machine receivables. Acting quickly helps release what the company needs to keep operating.

Vehicles, trucks and machinery given as collateral can be repossessed by the bank. There are ways to challenge the contract or negotiate before losing the asset, and deadlines are short.

I was served in a bank enforcement action. What should I do?

See a lawyer right away. The deadline for the defense is short and starts running from service. Set aside the summons, the contract and the account statements.

Can the bank freeze the company's account?

In enforcement proceedings, the judge may order funds to be frozen. In some situations it is possible to request release or offer another guarantee, depending on each case.

I am a partner and signed as guarantor. Can I be charged?

Yes, the guarantor can be charged together with the company. The defense checks whether the guarantee is valid and whether the amount charged is correct.

Is it better to defend myself or settle?

It depends on the contract, the amount and the risk to the assets. Often a well-built defense is what opens room for a better settlement. The recommendation comes in writing, after the review.

Do you serve companies outside Goiás?

Yes. Service is digital and the firm handles cases in several states, including the higher courts.

Tell us about the situation on WhatsApp: summons, collection, account freeze or contract with the bank. The team replies with an initial review and a written proposal.

If you prefer, write to dias@spd.adv.br

Informational content, in line with 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