In a context of intense search for assets, atypical measures in credit recovery represent a relevant alternative method to be explored by creditors.
Measures such as seizure of the debtor’s passport, suspension of the driver’s license and blocking of credit cards create incentives for the debtor to comply with the obligations.
Recently, the Brazilian Superior Court of Justice (STJ) began to admit atypical measures in broader contexts. Currently, it is possible for such measures to be adopted even before other ordinary attempts to satisfy the debt have been exhausted, as long as the need and effectiveness are demonstrated.
This was the case of a financial institution with a credit of BRL 30 million against a cosmetics industry and which, despite attempts, was unable to recover the credit. The court authorized the debtor’s credit block, which led to credit renegotiation and satisfaction.
Therefore, atypical measures are efficient means of putting pressure on the debtor, which have been increasingly well received by the Courts, contributing for faster enforcements, and reflecting the pro-creditor case law position that has been seen in recent years in Brazil.
