Bank enforcing a debt against your company in Brazil
Has your company been served in a bank's debt enforcement action in Brazil? Deadlines, possible defenses, installment payment under the CPC and partners who signed as guarantors.
Sidnei Pedro Dias
9/27/20263 min read
Debt enforcement (execução) is the proceeding in which the bank collects a debt already backed by an instrument, such as a bank credit note (cédula de crédito bancário). The company is served to pay within 3 days, and the time to file a defense starts running at the same moment. Missing these deadlines may lead to frozen accounts and seizure of assets.
Deadlines that matter
- 3 days to pay, counted from service (art. 829 of the Code of Civil Procedure, CPC).
- 15 days to file a defense (embargos à execução) (art. 915). It does not require prior seizure, deposit or bond (art. 914).
- Installments: within the same 15 days, the company may acknowledge the debt, deposit 30% of the amount plus costs and fees, and pay the rest in up to 6 monthly installments with inflation adjustment and 1% monthly interest (art. 916). Choosing installments means waiving the defense (art. 916, § 6).
What can be challenged
- Excess enforcement: the bank claims more than is owed. The law requires the company to state the correct amount with a detailed calculation, or the argument will not be examined (art. 917, §§ 3 and 4).
- Charges: fees not provided for in the contract, charged twice or calculated differently from what was agreed.
- Defects in the instrument: missing signature, missing debt statement or uncertain amount.
- Statute of limitations on the debt or part of it.
- Interest: a rate above 12% per year is not, by itself, abusive (STJ Precedent 382). A review requires concrete proof of abuse. For companies this is harder, because the Consumer Code applies only in specific situations.
Does the defense stop the collection?
Not automatically. The judge suspends enforcement only if there is risk of harm, a strong argument and the debt is secured by sufficient seizure, deposit or bond (art. 919, § 1). That is why strategy usually combines a technical defense with negotiation.
Are the partners liable too?
If a partner signed as guarantor (aval or fiança), the bank may collect directly from that partner, including personal assets. Without such a guarantee, a partner's personal assets generally do not answer for company debts, except in exceptional cases such as piercing the corporate veil.
Negotiation is still possible
Enforcement does not prevent a settlement. A proposal backed by a checked calculation, pointing out the bank's errors, usually puts the conversation on a different footing.
What to gather right after being served
- copy of the case file and the contract, with amendments and renegotiations;
- account and loan statements from the start;
- receipts of payments made;
- documents on guarantees given, such as real estate, vehicles and receivables.
SPD Advocacia defends companies and business owners against banks throughout Brazil. Learn more in companies against banks or message us on WhatsApp (62) 98184-3257.
Updated September 2026. Informational content, in line with Brazilian Bar (OAB) rules (Provimento 205/2021). Each case needs its own analysis, and we do not promise results.