Contingency-fee debt recovery in Brazil
For stalled enforcement, debtors who have emptied their estate and claims nobody is chasing any more. You keep the claim, and Poursuite only earns if you get paid.
Why so many enforcement cases stall in Brazil
Most enforcement proceedings do not fail for lack of rights, but for lack of information. After the automated searches (bank account freezes, vehicle registry and tax return queries), many cases are suspended and drift towards intercurrent limitation (art. 921 of the Code of Civil Procedure).
The assets, however, rarely vanish. They tend to sit in a family company, in relatives’ names or in an inheritance that has not yet been divided.
What we do
- Review of the case file and of previous attachment attempts
- Asset tracing on the debtor, partners and related people and companies
- Identification of fraudulent transfers and abuse of corporate structures
- Litigation strategy with the attorneys on the case, including veil-piercing incidents (arts. 133 to 137 of the Code of Civil Procedure)
- Regular reports on each step and the next action
How fees work
Poursuite’s fee is a percentage of the amount actually recovered, set in the agreement according to the size of the claim, the stage of the case and the work involved. As a rule there are no fixed fees.
Attorney fees and court costs are addressed in the same agreement, transparently, before work begins.
Frequently asked questions
What if nothing is recovered?
Under the contingency model, Poursuite is not paid unless there is a recovery. How any court costs are handled is agreed in writing before we start.
Do I have to change attorneys?
Not necessarily. We can work with the attorney already handling the case or introduce partner law firms in Brazil if you prefer.
My case has been archived. Can it still be recovered?
It depends on how long it has been suspended and on the limitation period. That is why the first step is always a review of the case file, which tells us whether there is still a way forward.
Is your enforcement stalled?
Send us the case number and find out whether it fits our contingency model.