Protest at the notary's office: what is it and how to proceed in this situation?

Protesting at a notary's office is a frequently used resource in cases of long-standing debts.

And this is due to the fact that it works as a more incisive collection method.

But how does a protest work? Is it the same as a lawsuit? What should we do in this situation?

If you have these and other questions about the topic, today's material was developed especially to help you.

Therefore, if you want to understand what the protest is and all the particularities of this measure, follow the content below!

What is a protest in a notary's office? 

If you have ever been in the situation of incur a debt and have difficulty paying, you have probably already had to deal with some charge with an indication of protest.

And for those who've never heard of it, these words can cause panic. After all, what is a notary protest? Is it a type of legal proceeding?

And, the first thing we must clarify is that no, a protest in a notary's office is not a type of legal process.

Therefore, if the company actually carries out the protest, this does not mean that you will be held legally liable for the debt through legal proceedings.

This is because the protest is nothing more than a record that the debt exists, so that the person carrying out the collection can have the means to prove that there was an attempt to notify the debtor.

In general, a protest at a notary's office occurs after a long period of unsuccessful collections, that is, the company calls, sends emails, letters and receives no response from the debtor.

So, we can say that protest ends up being a last resort, when milder measures have no effect.

In this case, intention with practice has two possibilities:

1. Ensure that the debtor was notified of the debt, as there was no return by other means.
2. Establish greater seriousness in the collection process in order to convince payment.

However, it is important to note that the protest does not create any type of process, functioning only as a notification or record of default.

Does a debt protested at a notary's office expire? 

Now that we understand what a protest in a notary's office is, that fear of legal proceedings has disappeared, as we have explained that the two are not related.

However, after this understanding, it is common for many to question the statute of limitations for this type of debt.

This is because, if the protest does not have any legal effect for the enforcement of payment, then the debt continues to have the same possibilities as any other, which includes prescription?

The answer to this question is no, with the protest carried out at the notary's office the possibility of the debt being prescribed ceases to exist.

To help you understand why, let's now briefly explain what statute-barred debts are.

When we talk about a prescribed debt, we are referring to one whose collection period has expired, that is, after a period of time it can no longer be collected or executed.

This is the official name for the popular expression “expired debt”, when the debt is no longer registered with credit protection agencies after a few years.

And the reason why a protested debt cannot be prescribed is simple: for a debt to become time-barred, it must not have received any official collection attempts.

When it comes to protest, this is precisely a resource for officializing the collection of the debt, which makes it imprescriptible according to the law.

Therefore, paying a debt in protest is mandatory, since the charge will not disappear over time.

How to proceed in this situation? 

At this point, you already know what a protest is in a notary's office, and you also understand that this practice makes payment of the debt mandatory, as it will never go unregistered.

Therefore, it is important that we now explain how to proceed after having a protested debt.

The first thing you need to do is access the protest information to ensure that what is stated there is in line with reality.

This means you must look at the debt amount, protesting company, and all other information.

This is to ensure that you are not charged unfairly, whether for unrealistic amounts or by the wrong companies.

After verifying the veracity of the information, contact the company to reach an agreement on the situation.

At this point, you should take the opportunity to stay on top of the situation and find a way to reach a consensus that benefits both parties.

It is very important that this conversation is recorded, and if possible, ask for professional assistance with the negotiation.

This is because, if the company accepts your agreement and does not act honestly when closing the process, you will have proof that the debt resolution was made in agreement with the company, which makes the protest resolved.

After negotiation and fulfillment of part or all of the agreed payment, the company must provide you with a document proving the resolution of the debt.

This is important, as it is the debtor who needs to go to the notary's office to cancel the protest, and to do so, it is necessary to prove payment.

It is worth mentioning that the only way to resolve a protest is by resolving the debt, either by paying it or by providing the company with an explanation as to when this will be done.

I paid my debt without considering the protest, what now?

It is not uncommon to see cases where a customer negotiates their debt, and shortly thereafter receives a protest letter from a notary.

This is quite frightening, after all, if there was negotiation, can the protest exist?

The first thing we must consider is that this protest may have been made before the negotiation process, so that the notification to the debtor occurred later.

In this case, you must contact the company so that they can issue you a letter of consent or credit with cancellation authorization.

With this document in hand, you must go to the protest office to request its cancellation.

Another situation that may arise is when, even after negotiation, the company maintains the protest because it considers that the debt has not been paid in full.

However, it is worth mentioning that regardless of whether the debt was paid in cash or in installments, renegotiation eliminates the possibility of this type of collection.

Therefore, from the moment the customer honors the first payment of the agreement, the protest can be extinguished.

In this case, simply request the documents that prove the negotiation, and go to the notary's office to cancel the protest.

Can an individual file a protest at a notary's office?

Throughout this material, we were able to understand that protesting at a notary's office is a very useful resource to guarantee payment of the debt.

Therefore, being able to count on it to resolve disputes between individuals would be very good, as it would make the collection official and payment mandatory.

And the good news is that this possibility exists, since protest is not a measure exclusive to companies.

Therefore, if you have someone who owes you money and you can't find solutions through common collections, a protest may be the solution.

But be careful, before filing a protest with a notary, you must have proof that the debt actually exists.

This is because protesting someone's name improperly or without proof can result in a series of losses, as it could indicate a false or undue charge.

Therefore, gather evidence and documents and go to the registry office to find out about the protest procedure.

Finally, we hope that you now understand everything about the protest at the notary's office, and can resolve this issue with ease!