After the end of the year, it is normal for many people to try to settle their debts and clear their names, to restore their credit with the market. For this reason, we have prepared this article for account holders and check holders who wish to pay their debts and for those who have receivables. Follow along.
We, at FRANCE Advogados, have been approached by both clients and people who have problems with checks. There are those who want to settle their situation with the bodies that control consumer credit, as well as those who have credit in the market, having accepted payments through checks and intend to recover it.
HOW TO CLEAR YOUR NAME WITH SPC/SERASA:
First of all: there is no way to clear your name with the SPC or SERASA without paying the debt. There are “companies” that promise to clear their customers’ names without paying the debt. Pure farce. To download the checks, it is necessary to locate all creditors, pay the debts, redeem the checks, present them to the bank, pay the fee for exclusion from the Register of Issuers of Bad Checks and wait for the deadline for the checks to be written off with the respective organs.
Put yourself in the creditor's situation: would you give a letter of consent or receipt to a debtor, without him having settled at least part of the debt, or without drafting an agreement?
And there's more: after presenting your returned checks to the bank, the minimum period for your name to be removed from the register of these bodies is five working days. Don't fall for the scam of companies that promise to clear your name in 24, 48 or 72 hours. That doesn't exist.
COLD AUTHORITY LETTER TO THE BANK OR NOTARY OFFICE:
Letter of consent is like a receipt. It serves to prove the payment of the debt and is used when, for any reason, the creditor no longer has the checks. It is also common to grant a letter of consent along with the checks, when paying the debt, but it is not necessary. You will only need the checks to prove that the debt has been paid with your bank.
Please be aware that drafting or simulating a letter of cold consent constitutes a crime and may result in penalties for misrepresentation and fraud. Banks and Notary Offices have specialized and effective methods to combat this type of fraud.
CAN I MAKE AN AGREEMENT FOR ALL CHECKS?
It depends. If there is only one payee on your checks, you can. If there are several creditors, for each of them there will be a need for an agreement or installment. Try to redeem the lowest value checks first, and leave any agreements for those with the highest value.
By acting this way, the probability of success and speed is greater, because, assuming that the majority of your checks are of small value, you will be able to redeem a greater amount in a shorter space of time, leaving the most expensive ones for last.
Note: It is not possible to make a single agreement for several creditors. There are companies that offer the payment of all your debts through a single bank slip. Think: to combine all the debts into a single bill, it would be necessary for a finance company or bank to pay all the checks in cash, present them at the bank and pay in installments using the bank slip, something impossible. Pure farce.
I CANNOT LOCATE THE CREDITOR. WHAT DO I DO?
Try to obtain microfilm of the returned checks from your bank. Microfilm is nothing more than a copy of your checks. But this copy contains important data, such as the bank and branch where creditors deposited their checks.
With these documents in hand, you will be able to obtain data from your creditors and it will be easier to locate them.
If, even with this information, you are unable to locate your creditors, think about hiring a reputable company to rehabilitate your credit, as there are other, more complex ways to locate creditors and negotiate your debt.
COMPANY NO LONGER EXISTS. WHAT DO I DO?
Before anything else, stay calm. Some people think that because their creditors have gone out of business, they will no longer be able to cash their checks. Pure mistake.
As the company no longer exists, we must locate those responsible for it, as only they will be able to settle the debt, or say the whereabouts of the checks involved (they may have been exchanged and be with another company or person).
CAN I CLEAR MY NAME THROUGH A LEGAL PROCESS?
It depends. A judicial process in these cases should be considered as a last alternative. If, after having exhausted all previous alternatives, you are unable to locate one or some of your creditors, you may be able to clear your name through legal proceedings.
But please note that you must deposit the amount corresponding to the returned checks in court, in addition to bearing all expenses related to procedural costs and legal fees.
Be very careful with these cases: there are companies that specialize in selling injunctions to lower debts, they pocket the money and do not obtain any satisfactory result for their contractors.
Remember: he who pays poorly pays twice.
WRITTEN BY: FRANCÊ Advogados (Automatically translated by Google)
SEE ALSO:
CONTACT US:
Problems with Checks? Consult us: our professionals work to defend the interests of our clients, both judicially and extrajudicially, providing the necessary legal advice so that you can once again have your name cleared. We also carry out activities related to Collections, where we seek to find practical and objective solutions for our clients' collection portfolios. Take advantage and learn more about our activities, read our Articles and News. Get to know our location, find out in which locations we can act on your behalf, here and Discover our areas of activity. Enjoy and register on our website.