Debt Recovery

Overdue receivables handled with method and speed

Out-of-court and judicial collection for companies operating in Brazil

The longer a receivable sits idle, the lower the chance of recovering it. We organize collection in stages, choosing the right instrument for each credit document and each debtor.

When to start debt recovery
1

Customers with overdue invoices, trade bills (duplicatas) or checks.

2

Breached contracts with amounts receivable.

3

A debtor who has stopped responding or is disposing of assets.

4

A portfolio of defaults that needs ongoing management.

TITLE
Direct enforcement of enforceable instruments
PROT.
Protest as a collection tool
ASSETS
Asset searches and attachment measures
Our approach

Collection in stages,
focused on getting paid

Debt recovery at Pilli & Fanucchi starts with an analysis of the document that proves the debt and of the debtor's profile. This reading defines the most efficient path: negotiation, protest, enforcement or a collection action.

In parallel, we assess available assets and the risk of insolvency, so that collection efforts are proportional to the real chance of payment. For companies with a volume of defaults, we structure routines and portfolio reports.

The right instrument, the right path

Checks, trade bills, promissory notes and electronically signed contracts may allow direct enforcement, without a prior lawsuit on the merits.

Assets before the lawsuit

An asset search guides the strategy and avoids long proceedings against debtors without assets.

Well-documented settlements

Debt acknowledgments and settlements drafted to allow immediate enforcement in case of a new default.

Services

What we do for your company

From notice to attachment, with the right instrument for each credit and each debtor.

01

Out-of-court collection

Notices, negotiation and formalization of settlements and debt acknowledgments with guarantees.

02

Protest of instruments

Protest of trade bills, checks, contracts and judgments as a fast means of pressure and proof of default.

03

Enforcement of credit instruments

Direct enforcement of enforceable instruments, with requests for attachment of bank accounts, vehicles, real estate and receivables.

04

Monitory and collection actions

Judicial collection of claims proven by a written document without enforceable status.

05

Asset searches and attachment

Location of assets, online attachment, pre-judgment attachment and piercing of the corporate veil in cases of abuse.

06

Creditor defense in objections

Response to objections to enforcement and challenges filed by the debtor.

07

Default portfolio management

Collection routines for companies with a volume of overdue credits, with indicators and periodic reports.

08

Claims in judicial reorganization and bankruptcy

Filing and follow-up of claims in judicial reorganization and bankruptcy proceedings of customers.

First conversation

Are there idle receivables in your portfolio?
Every month of waiting lowers the chance of recovery.

In a first conversation, we review the credit documents and the debtors' profile and indicate the most efficient path for each case.

Talk to the team →

Service via WhatsApp, in English or Portuguese

Frequently asked questions

Questions about Debt Recovery

Enforcement is used when the creditor holds an enforceable instrument, such as a check, an accepted trade bill or a contract signed under the legal requirements, and allows attachment of assets to be requested from the start. Without an enforceable instrument, the debt must first be recognized through a monitory or collection action.
It may be. Since 2023, the Brazilian Code of Civil Procedure accepts enforceable instruments created or certified electronically, with any type of electronic signature provided for by law, and waives the signature of witnesses when the integrity of the document is verified by a signature provider.
Often, yes. Protest is fast, tends to encourage payment by restricting the debtor's credit and proves the default. In some situations it is required, as in a bankruptcy petition based on non-payment of an instrument.
It depends on the instrument. A check may be enforced within six months after the end of the presentation period, and a trade bill within three years of maturity against the principal debtor. After these periods, other means of collection may remain, but with more steps. So do not let receivables age.
As a rule, salary cannot be attached, but the Superior Court of Justice (STJ) has allowed attachment of part of the remuneration in exceptional situations, provided that what is necessary for the dignified subsistence of the debtor and their family is preserved.

Before receivables age, a conversation.

Talk to the Debt Recovery team at Pilli & Fanucchi.

Meetings in Campinas or by videoconference, in English or Portuguese.

Contact

Talk to our team

How the first contact works

1

You describe the situation

Tell us briefly about your company and its main question or need.

2

Our team gets in touch

We schedule a call, a videoconference or an in-person meeting.

3

You receive initial guidance

We indicate the possible paths and, if appropriate, present a fee proposal.

Briefly describe your company's need. One of our lawyers will get in touch.

Your information will be treated confidentially, under our Privacy Policy and attorney-client privilege.

Other practice areas

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