Business debt recovery in São Paulo, Brazil
We turn default into payment — out-of-court collection, protest, enforcement of instruments and monitory actions — choosing the route by time and cost rather than by habit.
5,0 · 18 Google reviewsNot every debt needs a lawsuit, and not every lawsuit is enforcement. The route depends on two things: which document you hold and how much time is left. An enforceable instrument goes straight to enforcement (art. 784, Civil Procedure Code); written evidence without enforceable force goes to a monitory action (art. 700). And there is protest, which in many cases gets you paid before any lawsuit.
The recovery routes we run.
- Out-of-court collectionNotice, negotiation and a settlement backed by security — the cheapest route while the debtor is still trading.
- Protest of the instrumentA legitimate, fast and inexpensive measure under Law 9,492/1997, which often resolves matters before any lawsuit.
- Credit bureau listingListing the debtor within the limits of the law, without creating exposure to a damages claim in return.
- Enforcement of instrumentsTrade bills, cheques, promissory notes, contracts signed with witnesses and debt acknowledgements (art. 784, CPC).
- Monitory actionWhere written evidence exists but is not an enforceable instrument: invoices, e-mails, unwitnessed contracts (art. 700, CPC).
- Asset tracingSearching assets and corporate links before filing, so effort goes to debtors who can actually pay.
- Preventing defaultContract review, security, penalty clauses and credit policy, to reduce the next loss.
Time runs even when nobody is collecting.
Business credit has an expiry date, and it changes with the document. A claim for a liquidated debt evidenced by a public or private instrument is time-barred after five years (art. 206, §5, I, Civil Code). Enforcement of a cheque is time-barred after six months from the end of the presentation period (art. 59, Law 7,357/1985), and of a duplicata trade bill after three years from maturity (art. 18, Law 5,474/1968).
Missing the enforcement window does not mean losing the debt. Brazil’s Superior Court of Justice has settled that a monitory action against the drawer of a cheque without enforceable force is time-barred after five years from the day following the date of issue (Precedent 503); against the issuer of a promissory note, likewise five years from the day after maturity (Precedent 504). The instrument becomes written evidence, and the monitory route stays open.
So the first thing we do is take stock of the receivables: what exists, from what date, with which document, and how long is left to collect. That is what separates a receivables book from a folder of write-offs.
How we run the case.
- Taking stock of the receivablesDocument by document: amount, due date, available evidence and time remaining. This defines everything that follows.
- Out-of-court collection and protestNotice with a deadline, a settlement proposal and, where appropriate, protest — fast, inexpensive and often enough.
- Choosing the judicial routeEnforcement where an instrument exists; a monitory action for written evidence without enforceable force; an ordinary claim otherwise.
- Asset tracingSearching assets and corporate links before filing, so the effort is directed where recovery is realistic.
- Payment and settlementAttachment, negotiation backed by security or a guarantee, and follow-through until the money arrives.
What to bring to the first conversation.
Documents that speed up the review
To tell you the route and the deadline for each receivable, we need to see the paper trail. Bring what you have — even if incomplete.
- Contract, purchase order or signed proposal
- Invoices and proof of delivery
- Trade bills, cheques or promissory notes
- Payment slips issued and bank statements
- E-mails and messages acknowledging the debt
- Notices and protests already made
- Debt acknowledgement or earlier settlement
- Debtor details: company number, partners, address
First mapping of your receivables at no cost, with no obligation. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleReal client reviews published on Google.
Who leads this area.
Partner in charge of the corporate practice (OAB/SP 344.334). Postgraduate in Business Law (FGV), acting in debt recovery, enforcement proceedings, contracts and corporate restructuring. Member of AASP and of the AIPLA. Fluent in English.
Meet Renato FalchetArticles that go deeper.
Common questions.
We have an invoice but the client signed nothing. Can we still collect?
Yes. An invoice with proof of delivery is not an enforceable instrument, but it is written evidence — and written evidence without enforceable force is precisely the ground for a monitory action (art. 700, Civil Procedure Code). The procedure is more direct than an ordinary claim, because the payment order issues at the outset.
Is protest worth doing before going to court?
In most cases, yes. Protest is governed by Law 9,492/1997 and is registered within three business days of the instrument being lodged at the notary office; within that window the debtor is notified and can pay. It is inexpensive, fast and hits the debtor’s credit standing directly — many collections end there.
We missed the deadline to enforce a cheque. Is the money lost?
Not necessarily. Enforcement of a cheque is time-barred six months after the presentation period ends, but Precedent 503 of the Superior Court of Justice secures five years for a monitory action against the drawer, counted from the day after the date of issue. For promissory notes, Precedent 504 sets five years from the day after maturity.
Are the partners liable for the company’s debt?
As a rule, no: legal personality separates the estates. Reaching a partner requires piercing the corporate veil, which calls for proof of abuse, misuse of purpose or commingling of assets, in a dedicated incident with a right to be heard. It is possible — but never automatic.
How much does collection cost?
We use two structures: a fixed fee per step, where the debt is documented and the debtor traceable, and a reduced upfront fee plus a percentage of what is actually recovered, for larger books. Court costs and notary fees are paid separately and, in enforcement, may be charged to the debtor. The proposal comes in writing after we map the book, which is free of charge.
Do you collect from debtors outside São Paulo?
Yes. Out-of-court collection and protest are handled remotely, and proceedings run in the forum set by the contract or by the debtor’s domicile. We act for companies across Brazil and, where a case runs elsewhere, we instruct and supervise local agents.
How much is your company holding in unpaid receivables?
Send us the list of instruments and whatever documents you have. We map the book at no cost, with the deadline and the route for each item. We reply within one business day.