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Debt collection in Brazil: protest, executive proceedings, online bank freezes, payment orders and out of court foreclosure

Last verified: 2026-10-27 · Status: Stable

A creditor holding an enforcement title (a promissory note, a cheque, a public deed, a private document signed by the debtor and two witnesses, a secured contract) skips the lawsuit and files an execution: the debtor has 3 days to pay, with fees halved if it does, and the court can freeze bank balances electronically without warning. Without a title, the payment order procedure (ação monitória) turns written evidence into a title if the debtor does not pay or object in 15 days; protest at a notary's office, available for debt instruments and final judgments, publicly records default and interrupts limitation. Since 2023 any mortgage can be foreclosed out of court through the real estate registry, with 15 days to cure and a public auction within 60 days.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. The real moved sharply in late October (R$5.0377 on 23 October and R$5.5007 on 26 October), so conversions are for orientation only.

Key facts

Days for the debtor to pay after being summoned in an execution	3 daysCPC art. 829, as of 2015-03-16 · in force
Deadline for the debtor's embargos in an execution	15 daysCPC art. 915, as of 2015-03-16 · in force
Attorney fees fixed on filing an execution (halved if paid in 3 days)	10 %CPC art. 827, as of 2015-03-16 · in force
Down payment to pay an execution debt in up to 6 instalments	30 %CPC art. 916, as of 2015-03-16 · in force
Extra cover required for a bank guarantee or insurance bond to replace attachment	30 %CPC art. 835 § 2, as of 2015-03-16 · in force
Savings deposits protected from attachment in 2026 (40 minimum wages)	64840 BRLCPC art. 833 X; Decreto nº 12.797/2025, as of 2026-01-01 · in force
Days to comply with a payment order in the monitória procedure	15 daysCPC art. 701, as of 2015-03-16 · in force
Business days to register a protest after filing	3 business daysLei nº 9.492/1997 art. 12, as of 1997-09-10 · in force
Days to cure before out of court mortgage foreclosure	15 daysLei nº 14.711/2023 art. 9 § 1, as of 2023-10-30 · in force
São Paulo court fee to file an execution on an out of court title	2 %Lei Estadual SP nº 11.608/2003 art. 4 III, as of 2024-01-03 · in force

The rule

1. Out of court enforcement titles include bills of exchange, promissory notes, duplicatas, debentures and cheques; public deeds or public documents signed by the debtor; private documents signed by the debtor and 2 witnesses (electronic titles need no witnesses if a signature provider confirms integrity); settlements endorsed by the parties' lawyers or a court accredited mediator; contracts secured by mortgage, pledge or other collateral; rent and condominium charges; and tax debt certificates. Suing on the debt does not stop the creditor from executing the title.Lei nº 13.105 of 16 March 2015 (Civil Procedure Code, CPC), as amended by Lei nº 14.620 and Lei nº 14.711 of 2023, Art. 784 items I to XII and §§ 1 and 4, 2015-03-16 official text · verified 2026-10-27

2. On receiving the execution, the judge fixes attorney fees of 10 percent, halved if the debtor pays in full within 3 days of being served, and which may rise to 20 percent if the debtor's defence is rejected. The debtor is summoned to pay within 3 days; if it does not, the court officer attaches and values assets. If the officer cannot find the debtor, he attaches enough assets to secure the debt and keeps looking.
Cost to do it: São Paulo state court fee to file an execution on an out of court title: 2 percent of the claim value, within 5 and 3,000 UFESP (R$192.10 to R$115,260 in 2026).
Example: Execution on a R$800,000 promissory note in São Paulo: filing fee R$16,000; fees R$80,000, cut to R$40,000 if the debtor pays in 3 days. / Note about US$149,964; fee about US$2,999; attorney fees about US$14,996 or US$7,498.Lei nº 13.105 of 16 March 2015 (CPC), Arts. 827 caput and §§ 1 and 2, 829 caput and § 1, 830, 2015-03-16 official text · verified 2026-10-27

3. Attachment follows a preferred order that starts with money in cash, deposits or investments, then listed public bonds, quoted securities, vehicles, real estate and other assets, down to a percentage of the debtor company's revenue; attaching money has priority. A bank guarantee or judicial guarantee insurance counts as money for substitution if it covers the debt plus 30 percent. At the creditor's request, the judge orders banks through the electronic system run by the financial system supervisor to freeze the debtor's financial assets up to the amount claimed, without notifying the debtor first; the debtor then has 5 days to show that amounts are unseizable or excessive, after which the freeze becomes an attachment.
Example: To replace a R$800,000 cash freeze with a bank guarantee, the guarantee must cover R$1,040,000. / About US$194,954.Lei nº 13.105 of 16 March 2015 (CPC), Arts. 835 caput and §§ 1 and 2, 854 caput and §§ 1 to 5, 2015-03-16 official text · verified 2026-10-27

4. Certain assets are unseizable, including salaries and earnings (except for support debts and amounts above 50 minimum wages a month), savings account deposits up to 40 minimum wages, tools needed for a profession and funds from sales of units under a real estate development regime tied to the works.
Example: In 2026, with the minimum wage at R$1,621, savings up to R$64,840 are protected and monthly pay above R$81,050 can be attached. / About US$12,155 and US$15,193.Lei nº 13.105 of 16 March 2015 (CPC), Art. 833 items IV, V, X and XII and § 2, 2015-03-16 official text · verified 2026-10-27

5. The debtor can oppose the execution through embargos within 15 days, without first securing the debt. Alternatively, within that period, it can acknowledge the debt, deposit 30 percent of the amount plus costs and fees, and ask to pay the rest in up to 6 monthly instalments with monetary correction and 1 percent monthly interest; choosing this waives the embargos, and missing an instalment brings the rest due with a 10 percent fine on the unpaid instalments. This instalment option does not apply to the enforcement of judgments.
Example: On a R$800,000 execution, the debtor deposits R$240,000 plus costs and fees and pays R$560,000 in up to 6 instalments of about R$93,333.33 plus correction and 1 percent a month. / Deposit about US$44,989; instalments about US$17,496 each.Lei nº 13.105 of 16 March 2015 (CPC), Arts. 914 caput, 915 caput, 916 caput and §§ 5 to 7, 2015-03-16 official text · verified 2026-10-27

6. A creditor with written evidence that lacks enforcement force can use the payment order procedure (ação monitória), including against public entities. If the right is evident the judge orders payment within 15 days with attorney fees of 5 percent; a debtor who complies is exempt from court costs. The debtor can object (embargos) within the same 15 days without security, which suspends the order; if it neither pays nor objects, or the objection is rejected, the order becomes a judicial enforcement title by operation of law.Lei nº 13.105 of 16 March 2015 (CPC), Arts. 700 caput and § 6, 701 caput and §§ 1 and 2, 702 caput and §§ 4 and 8, 2015-03-16 official text · verified 2026-10-27

7. Protest is the formal act that proves default on titles and other debt documents, including tax debt certificates. The notary checks only formal requirements, not limitation; the debtor is notified, now also electronically or by instant messaging with confirmation of receipt, and the protest is registered within 3 business days of filing. A final judgment can also be protested once the 15 day voluntary payment period has passed, and the judge may order the debtor's name included in credit default registers. Protest of a bill interrupts the limitation period.
Cost to do it: Notarial fees under each state's fee table, generally paid when the debtor settles or the protest is cancelled.Lei nº 9.492 of 10 September 1997 (Protest Law); Lei nº 13.105 of 16 March 2015 (CPC); Lei nº 10.406 of 10 January 2002 (Civil Code), Lei nº 9.492 arts. 1, 9, 12 and 14 §§ 3 to 5; CPC arts. 517 and 782 § 3; Civil Code art. 202 item III, 1997-09-10 official text · verified 2026-10-27

8. Mortgage backed credit can be enforced out of court. When the secured debt is overdue, the real estate registry, at the creditor's request, notifies the debtor personally to cure within 15 days; if it does not, the start of foreclosure is annotated on the property record and the creditor must hold a public auction, which may be electronic, within 60 days. If the first bid does not reach the higher of the contract value and the property transfer tax valuation, a second auction follows within 15 days, where the highest bid covering the full debt and expenses wins, or, at the creditor's option, a bid of at least half the valuation. The debtor can redeem by paying the whole debt before the sale, and any surplus goes to the debtor within 15 days.Lei nº 14.711 of 30 October 2023 (Legal Framework for Guarantees), Art. 9 caput and §§ 1 to 8, 2023-10-30 official text · verified 2026-10-27 · changed: Lei nº 14.711 of 30 October 2023 set a general out of court foreclosure procedure for mortgage backed credit run by the real estate registry (art. 9) and revoked Chapter III of Decreto-Lei nº 70 of 1966, the older out of court mortgage execution regime (art. 18 I).

Route	When	Debtor's time	Cost marker
Protest	Any title or debt document, or a final judgment after the payment period	Notice, then registration within 3 business days (Lei nº 9.492 art. 12)	State notarial fees
Execution of out of court title	Note, cheque, deed, document with 2 witnesses, secured contract (art. 784)	3 days to pay; 15 days for embargos (arts. 829 and 915)	SP fee 2 percent: R$16,000; fees 10 percent, halved if paid in 3 days
Monitória	Written evidence without enforcement force (art. 700)	15 days to pay or object (art. 701)	5 percent fees; no costs if debtor pays
Ordinary lawsuit	No written evidence	15 days to answer after the hearing (art. 335)	SP fee 1.5 percent: R$12,000
Out of court mortgage foreclosure	Mortgage secured debt (Lei nº 14.711 art. 9)	15 days to cure; auction within 60 days	Registry and auction costs

Collection routes compared (CPC unless stated). USD at PTAX R$5.3346; example debt R$800,000 (about US$149,964).

Worked example

A foreign supplier holds a R$800,000 (about US$149,964) promissory note signed in São Paulo by a Brazilian buyer. It protests the note (registered within 3 business days, Lei nº 9.492 art. 12), which interrupts limitation (Civil Code art. 202 III), then files an execution paying the 2 percent fee of R$16,000. The judge sets 10 percent fees and orders an online freeze of the buyer's bank balances without prior notice (CPC arts. 827 and 854).
The buyer chooses the instalment route: it deposits R$240,000 plus costs and fees and pays the remaining R$560,000 in 6 monthly instalments with correction and 1 percent interest, giving up its defence (CPC art. 916).

Step by step

1. When contracting, take an enforcement title: a promissory note, or a contract signed by the debtor and 2 witnesses, or electronically with a qualified provider (CPC art. 784 III and § 4).
2. For foreign creditors, make Brazil the place of payment so foreign signed titles can be executed without homologation (art. 784 § 3).
3. On default, protest the title to record default and interrupt limitation (Lei nº 9.492; Civil Code art. 202 III).
4. File the execution with a calculation of the updated debt; ask at once for an online freeze (art. 854) and inclusion in default registers (art. 782 § 3).
5. If the debtor cannot be found or has no assets, ask for arrest of assets (art. 830) and track the 1 year suspension and intercurrent limitation (art. 921).
6. For mortgage secured debt, consider out of court foreclosure through the registry (Lei nº 14.711 art. 9).

Common traps

Unsigned or unwitnessed private contracts are not enforcement titles; they force a monitória or a full lawsuit (CPC arts. 700 and 784 III).
Expecting to attach salaries or small savings: they are protected up to the CPC limits (art. 833).
Accepting a guarantee equal to the debt as a substitute for cash: it must cover the debt plus 30 percent (art. 835 § 2).
Letting a stalled execution sit: after 1 year of suspension for lack of assets, intercurrent limitation runs (art. 921 §§ 1 to 4).
Ignoring an online freeze as debtor: you have only 5 days to show the funds are unseizable or excessive (art. 854 § 3).

Sources

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