STF authorizes seizure of “Bad payer” CNH as a way to force the payment of their debts, passport is also included

Before the CNH is seized, the organization that has not yet been paid must make several attempts to contact the bad payer.

The plenary of Supreme Court (STF), by majority vote, authorized compliance with measures such as the seizure of the National Driver's License (CNH) and passport, as a way of compel the bad payer to settle outstanding debts. Other measures included suspending the debtor's voting rights.

One of the penalties is the inability to participate in bids, public contracts and Competitions. However, there are a number of requirements that must be met before penalties can be implemented. The sentence handed down by the justices states that, for the seizure to be legal, it must “not advance basic rights” and obey “the criteria of proportionality and equity”.

In addition, food bills do not result in the seizure of CNH or passports, and professional drivers are not affected either. Check what happens to the bad payer before your CNH can be collected.

Before things get to this stage, the organization that has not yet been paid should make several attempts to contact the customer. For example, they can email them, call them, or write them a letter.

When all other options are exhausted, the defaulter will be given formal notice to appear in court. The courts have the authority to collect any debt, regardless of its origin.

Anyone who has a CNH in their professional life will not be harmed by the confiscation of the document. The provision gives the court authority to enforce compliance with judicial decisions using "any inductive, coercive, obligatory or subrogative methods".

If there are violations committed during the processing of the procedures, such violations must be challenged on a case-by-case basis in higher courts. 

The seizure of the driver's license (CNH) and the passport of the bad debtor in default had already been carried out by lower courts of the Judiciary, even before the vote in the STF

These judgments were only put to a vote in a Supreme Court referendum.

A recent judgment by the 20th Chamber of Private Law of the TJ-SP (São Paulo Court of Justice), which decided to freeze the driver’s license and passport of a bad payer because, according to the judgment, he has a high standard of living, is a good illustration of this concept.

In this particular case, the creditor initiated enforcement action, but after several efforts to collect the amount owed, there was no resolution.

The lawsuit alleges that the bad debtor lives in a luxury condominium in São Paulo and that his monthly consumption costs do not match his inability to pay off his debt. Furthermore, the complaint states that the debtor owes a significant amount of money. After the court determined that the bad payer is trying to evade his responsibilities, the CNH was withheld.