5 debtor rights that protect you from abusive collections

Although the company has the right to collect the debt, excessive calls and out of hours can lead to a lawsuit.

In Brazil, about 77,9% of families are in default and, although they need to pay their debts, many of them are not even aware that they have rights guaranteed by law. The debtor's rights are not benefits aimed at exempting the debt, but rather security against undue collection from creditors.

It is obvious that debt payment is fundamental for the debtor to be able to have his right to access loans and credit cards restored, thus being reinserted in the credit market. But, the creditor has no right to abuse the forms of collection so that the debt can be paid.

Thus, between threats, calls out of time and abusive agreements, defaulters have the power of protection and choice. So today we brought 5 debtor rights in the face of default collection. Follow next!

1.  not be threatened

The first point we need to understand is that duty is not a crime. So, although you are in default with the name in the protection bodies, no company has the right to threaten you with going to jail.

The only debt that can lead to prison is that of alimony. If this is your case, then we recommend rectifying this situation if you don't want to receive a lawsuit.

Now, if the creditor is acting in bad faith and telling you that he will put you in jail for the debt, this situation can be characterized as a threat.

2.  Do not receive calls at inappropriate times

One of the best known ways for the creditor to charge the debtor is through bonds. However, did you know that collection calls have to adhere to certain schedules?

That's right, if the creditor wants to collect the money owed to him, then he can call the debtor Monday to Friday from 8am to 20pm, according to Brasilia time. On Sundays and holidays, you cannot make any collection calls.

But, it is worth paying attention to the location of the company. After all, if it is a holiday in your location, but not where the company is based, then it may call you within the hours described above.

It is also worth mentioning that, according to Article 71 of the Consumer Protection Code, the defaulter cannot be interrupted in his working hours.

In addition, it is essential to be aware of the debtor's rights during the collection call. Thus, according to Art. 42 of the Consumer Protection Code, the creditor company cannot threaten, nor expose the debtor to ridicule.

3.  Obligation not to do

Although companies have the right to charge defaulting customers, the call abuse may lead to a lawsuit by the debtor. That's because, we know, that excessive collection calls can disrupt the consumer's life.

Therefore, if you are suffering from daily and uninterrupted calls, even after having made it clear to the company that you are unable to pay, then know that you can file an 'obligation not to do' action, with the aim of asking that the company stops making collection calls to you.

4.  do not accept deals

It is common for companies to try to negotiate the debt with the customer at all costs, but one of the debtor's rights is not to accept agreements. After all, we know that defaulters do not always have the money to pay the installments, which can lead to greater debt.

Not to mention that many agreements are made based on abusive interest, that raise the initial value of the debt. So if someone is trying to force you into debt settlements, understand that you are not obligated to accept them. The best thing is that you plan financially to be clear about how much you can afford the debt in question.

5. Negotiate debts

It is important to say that among the debtor's rights we find the right to negotiation. A Law of the Over-indebted allows the debtor to call his creditors for a negotiation in order to pay his debts in installments, without compromising the minimum income necessary for his subsistence.

Always remembering that it is possible to negotiate debts even online. That's right, currently, you can already pay your debts for the Serasa Clean Name. In addition, every year, the platform offers the Feirão Serasa where you can settle your debts with up to 90% discount.

Like this post? So now you know, share it on social networks with your friends to keep them informed about your rights in case of default. Also, for more content like this, keep browsing our website. To the next!