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Enforcement of extrajudicial instruments · SPD Advocacia

Have an unpaid check, invoice or contract? Collect directly through enforcement

Enforcement of checks, promissory notes, trade bills (duplicatas), debt acknowledgments, contracts with two witnesses, rent and condominium fees.

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Straight answer

When can the creditor collect directly through enforcement?

When there is an out-of-court enforceable instrument, such as a check, promissory note, trade bill (duplicata), contract signed by the debtor and two witnesses, lease agreement or approved condominium fees. Enforcement skips the discussion phase: the debtor is summoned to pay within 3 days, or assets will be seized. Right at the start, the creditor can record the enforcement proceeding on the debtor's property records and vehicle registration, which helps prevent the sale of assets. If the debtor cannot be found, the court officer may attach assets.

What the law says

Key points

Enforceable instrument

A document listed by law as an enforceable instrument.

Pay within 3 days

Debtor's deadline after being served.

Registry annotation

Recording of the enforcement on property and vehicle records.

Pre-judgment attachment

Assets attached if the debtor cannot be found.

Source: Code of Civil Procedure, arts. 784, 828, 829 and 830.

What is your case?

Situations the firm handles

Check and promissory note

Credit instruments

Direct enforcement within the instrument's deadline.

CPC, art. 784, I
Contract

With two witnesses

A signed contract is an enforceable instrument.

CPC, art. 784, III
Rent

Landlord

Enforcement of rent and charges.

CPC, art. 784, VIII
Condominium

Condominium fees

Enforcement of the fees approved at the meeting.

CPC, art. 784, X
Registry annotation

Protection against the sale of assets

Recording of the enforcement on the property record and with the Detran.

CPC, art. 828
Debtor who disappeared

Pre-judgment attachment

The court officer seizes assets if the debtor cannot be found.

CPC, art. 830
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. Credit review. We check the instrument, the statute of limitations and the best way to collect.
  2. Asset search. We use public databases and the firm's own systems to locate assets and point them out to the court.
  3. Freezes. We ask the judge for orders in the Judiciary's systems: accounts, vehicles, properties and other assets.
  4. Receipt. Seizure, auction, settlement or adjudication until the credit reaches the client.
+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

How long does it take?

It depends on finding assets. With accounts frozen right at the start, payment can be quick.

What if the instrument is time-barred?

A payment order action or a collection suit may still be possible, depending on the deadline.

Can the debtor defend themselves?

Yes, through a defense (embargos) within 15 days, which does not automatically stop the freezes.

Does the firm have direct access to the court systems?

No. Official systems such as Sisbajud, Renajud, Infojud and Sniper are triggered by the judge at the lawyer's request. The firm uses its own systems and public databases, in compliance with the LGPD, to search for assets and point out to the court where they are.

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.