Collecting overdue support · SPD Advocacia
Is child support overdue? Collect in court, with a request for imprisonment
Collection of overdue child support with civil imprisonment, seizure of salary and accounts, and payroll deduction. Service in Anápolis, Goiânia and online.
Straight answer
How do I collect overdue child support?
Once support is set by a court decision or a court-approved agreement, overdue amounts can be collected in court. The last 3 installments before the lawsuit and those falling due during the case can be collected with a request for civil imprisonment. The debtor has 3 days to pay, prove payment or justify. The rest is collected through seizure of salary, accounts and assets, payroll deduction and protest.
What the law says
Key points
For the last 3 installments and those falling due during the case. From 1 to 3 months.
Salary, accounts, vehicles and other assets of the debtor.
When the debtor has formal employment or an INSS benefit.
The debtor's name can be protested and added to bad-debtor lists.
Source: Code of Civil Procedure, arts. 528 to 533; STJ Precedent 309.
What is your case?
Situations the firm handles
Request for arrest
Collection of the last 3 installments with the risk of imprisonment for the debtor.
CPC, art. 528Seizure of assets and salary
Older installments are collected through seizure (penhora).
CPC, art. 528, § 8Payroll deduction
The employer deducts the support directly from the salary.
CPC, art. 529Search for assets and income
Search of accounts, vehicles and properties through the Judiciary's system.
Case reviewSupport agreed only verbally
It must be analyzed before collecting. A child support action may be necessary.
Case reviewDefense and settlement
Guidance for those being charged who want to negotiate.
Case reviewStep by step
How the firm works
- Review. We listen to your case confidentially and explain the options, timelines and costs.
- Documents. We organize the evidence and documents of each party.
- Agreement or lawsuit. Whenever possible, we seek a settlement. If there isn't one, we file the lawsuit.
- Follow-up. Hearings, decisions and enforcement, with updates on WhatsApp.
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
How many months overdue to request imprisonment?
The delay alone is enough. Imprisonment covers the last 3 installments before the lawsuit and those that fall due during the case.
Does jail erase the debt?
No. Even if jailed, the debtor still owes the debt.
Can I collect from someone who lives in another city?
Yes. Collection can be done where the person receiving the support lives.
Is there a deadline to collect?
Yes. Generally, 2 years from each installment, but the deadline does not run against a minor child under parental authority.
Do you serve clients outside Anápolis?
Yes. Service is provided at the firm's office in Anápolis, or online for all of Goiás and other states.
How much does it cost?
After the analysis, the firm sends a written fee proposal before any engagement.