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Collecting from delinquent clients · SPD Advocacia

Client didn't pay? Recover what your company is owed

Collection of unpaid trade bills (duplicatas), checks, promissory notes, contracts and payment slips. From a friendly agreement to court enforcement, with an asset search.

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Straight answer

How can a company collect from a client who does not pay?

The path depends on the document. An accepted trade bill (duplicata) or one protested with proof of delivery, a check, a promissory note and a contract signed by two witnesses are enforceable instruments and allow direct enforcement, with seizure of assets. Without an enforceable instrument, but with written evidence such as an order, emails or an invoice, a payment order action (ação monitória) is available. Before going to court, a notice and protest usually lead to an agreement.

What the law says

Key points

Enforceable instrument

Checks, promissory notes, trade bills (duplicatas) and contracts with two witnesses.

Written evidence

Purchase orders, invoices and e-mails allow a payment order action (monitória).

Protest

Records the debt and helps with a settlement.

Deadline

Each instrument has its own deadline. The sooner, the better.

Source: Code of Civil Procedure, arts. 700 and 784; Law 5,474/1968 (duplicatas); Law 9,492/1997 (protest).

What is your case?

Situations the firm handles

Trade bills (duplicatas)

Goods delivered and not paid for

Protest and enforcement.

Law 5,474/1968
Bounced check

Insufficient funds or stopped

Enforcement or monitory action, depending on the deadline.

CPC, art. 784
No title

Invoice, order and emails

Monitory action.

CPC, art. 700
Contract

Provision of services or supply

Enforcement if there are two witnesses.

CPC, art. 784, III
Debtor with no apparent assets

Asset investigation

Freezing of accounts, vehicles and real estate.

Case review
Client portfolio

High-volume collection

Routine of notices, protests and settlements.

Case review
This page provides general information, does not replace an analysis of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Review. We read the articles of association, the contracts and the case documents.
  2. Strategy. We assess an agreement, a notice or a lawsuit, and the risks of each path.
  3. Negotiation or lawsuit. We handle the negotiation and, if needed, the lawsuit.
  4. Follow-up. Expert reviews, hearings, appeals and enforcement of the decision.
+5 thousand cases handledTen years of law practicePractice before the STJ and the STFFeatured in G1, UOL, Estadão and TV Globo

Case review

Let's review your case

Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Do I need to protest before collecting?

Not always. For an unaccepted trade bill (duplicata), protest with proof of delivery is important. In other cases, it helps in negotiating.

Has the check expired?

Even without enforcement, a monitoring action (ação monitória) or collection action may still be possible, depending on the deadline.

Can the debtor's account be frozen?

In enforcement proceedings, the judge may order funds to be frozen and assets seized.

What if the debtor is another company in judicial reorganization?

The claim is filed in the reorganization proceeding. See the specific page.

Do you serve clients from other states?

Yes. The firm is based in Anápolis-GO and serves clients from every state online.

How much does it cost?

After the analysis, the firm sends a written fee proposal before any engagement.