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It Is Possible to Freeze Debts for Six Months: Lawyer Explains How This Little-Known Right Works. The Over-Indebtedness Law Allows for Temporary Suspension of Collections, Giving Breathing Room to Reorganize Financial Life
Many people do not know, but it is possible to freeze debts for six months, interrupting collections, interest, and pressures for abusive agreements. This right is provided for in the Law No. 14,181/2021, known as the Over-Indebtedness Law, and can be requested by consumers in vulnerable situations. This information has been reinforced by lawyer Larissa Brandão, a specialist in banking law, who warns: this is not a commercial promise, but a resource provided for by law.
For Larissa, the freezing of debts for six months works as a legal pause, allowing indebted individuals to reorganize their finances before resuming payments. However, there are clear criteria for the benefit to be granted, and not everyone may qualify for this mechanism.
Who Has the Right to Freeze Debts for Six Months?
According to the legislation, only individuals who have incurred debts in good faith and cannot pay them without compromising their basic livelihood can request the temporary suspension. This measure applies to debts such as credit cards, bank loans, and financing.
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Business owners, self-employed individuals, and debts tied to CNPJ are not covered by the law. Another important point: consumers who incur debts in bad faith, without the intention of paying, also cannot benefit from this resource.
How Does the Suspension Process Work?
The request can be made in court or to consumer protection agencies, such as Procon. Once accepted, the judge can order the suspension of collections for up to six months, interrupting interest and extrajudicial collections. During this period, the consumer presents a payment plan, and all creditors are invited to collective renegotiation.
This process also protects the consumer against abusive agreements, as the negotiation is conducted under judicial supervision. Additionally, creditors are required to attend the hearings, under the risk of losing priority in receiving payments.
What Is Considered Over-Indebtedness?
The law defines over-indebtedness as the inability to pay all debts without compromising minimum subsistence. This means that the consumer must prove that by paying the debts, they cannot maintain basic expenses such as food, housing, and health.
During the analysis, financial documents, proof of income, and a complete list of debts are required. This transparency is crucial for the judge to grant the freeze on collections and approve a fairer payment schedule.
Why Is This Right Still Little Known?
Although in effect since 2021, the Over-Indebtedness Law is still little publicized. Many banks and financial institutions do not inform consumers about the possibility of freezing debts for six months, preferring to negotiate directly without judicial mediation.
In this scenario, the work of specialists like Larissa Brandão is essential, as access to information can change the financial lives of thousands of Brazilians, preventing them from accepting unfavorable conditions due to lack of knowledge.
How to Request the Freezing of Debts?
The first step is to gather all financial information, such as contracts, statements, and proof of income. Then, the consumer can seek Procon, the Public Defender’s Office, or a specialized lawyer. The process, in many cases, can be done free of charge at public consumer protection agencies.
It is important to highlight that the freezing is not automatic. The decision depends on the judge responsible for the case and the proof that the consumer truly qualifies as over-indebted.
Knowing that it is possible to freeze debts for six months can be a turning point for those who are financially overwhelmed. It is a legal alternative that offers time and conditions to reorganize one’s financial life without falling into traps of abusive collections.
And you, did you already know about this right? Do you think that freezing debts for six months really helps those in debt or could it encourage misuse of the law? Leave your opinion in the comments — we want to hear from those who live this reality in practice.
Realmente as vezes não se tem outra opção, a maioria foi necessidades
Sou funcionaria pública ou uma das muitas endividadas. Há muitos anos não consigo me livrar das contas e, muito menos, receber um valor que cubra meu aluguel, minha saúde, minha alimentação e outras dívida que, muitas vezes, sou forçada a fazê-lo. Nao sabia dessa Lei. Seria maravilhoso ter uma trégua de 06 meses.
Essa lei cairia bem pra quem é funcionário público o qual os governos não pagam a correção de inflação nem os processos já ganho na justiça e ainda são protegidos pela lei para pagar quando puder.