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Wrongful bad credit listing · SPD Advocacia

Listed as a bad debtor for a debt that isn't yours? Clear your name and claim compensation

Negative credit listing for a debt already paid, charges for services you did not contract or fraud in your name. Learn your rights and tell us about your case for a free review of the evidence.

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Straight answer

What to do when your name is wrongly blacklisted?

When your name is listed with Serasa, SPC or Boa Vista for a debt that does not exist, has already been paid or was taken out through fraud, you can ask the courts for the immediate removal of your name, a declaration that the debt does not exist and compensation for moral damages. A wrongful credit listing usually gives rise to presumed moral damages, with no need to prove harm. If the person already had another legitimate listing before, compensation may not be due, but the name is still removed.

What the law says

Your rights

Name removal

It can be requested with an injunction right at the start of the lawsuit.

Moral damages

As a rule, presumed in wrongful credit blacklisting.

Previous negative listing

If there was another legitimate debt, compensation may be denied (STJ Precedent 385).

Maximum deadline

No debt can stay on a negative credit listing for more than 5 years.

Source: Consumer Protection Code, arts. 14 and 43; STJ, Precedents 359 and 385.

What is your case?

Situations the firm handles

Debt already paid

Negative listing after payment

The company must remove the name once the debt is paid.

CDC, art. 43
Fraud

Account or loan opened by someone else

Scammers use other people's documents. The company is liable.

CDC, art. 14
Service not contracted

Charges for a phone line, internet or card

Negative listing over a contract you never signed.

CDC, art. 39
No notice

Negative credit listing without prior notice

The credit bureau must give notice before adding the name.

STJ, Precedent 359
Old debt

More than 5 years

A negative credit listing cannot last more than 5 years.

CDC, art. 43, § 1
Credit denied

Harm caused by the negative credit listing

Denied financing or purchases can increase the compensation.

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 review the documents and tell you frankly whether the case is worth a lawsuit.
  2. Evidence. We organize screenshots, protocol numbers, receipts and conversations.
  3. Agreement or lawsuit. We seek a solution with the company or file the lawsuit, often in the Small Claims Court (Juizado Especial).
  4. Follow-up. Hearing, judgment and receipt of the amounts, with updates on WhatsApp.
+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 much is the compensation?

It depends on the case and the judge. There is no fixed amount, and no result can be guaranteed.

Do I have to pay court fees?

In the Small Claims Court (Juizado Especial), there are no court fees at the first level.

How long does it take to clear my name?

The request for an injunction can be reviewed right at the start of the case.

How do I find out where I am listed as a bad debtor?

Check the Serasa, SPC and Boa Vista websites for free and save a screenshot.

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.