One of the main credit restriction records can be consulted for free. To clean the name, it is necessary to negotiate or wait for the debt prescription.
In Brazil, being with the “dirty name” is a sign of having financial issues recorded in credit restriction records, with the CPF inserted in databases such as Serasa Experian and SPC. To regularize the situation, you need to pay off the debt or wait for your prescription, which can take up to 10 years. If the negativity is improper, the consumer is entitled to compensation for moral damage.
The main credit restriction database in the country is administered by Serasa in partnership with the SPC. Anyone can consult the CPF situation for free, after a prior registration on the SERASA website or application, available on Google Play and Apple Store platforms. For this, it is necessary to enter the CPF, full name, date of birth and email, and create a password.
After registration, the consumer can verify that their name is negative and the regularity of the CPF with the IRS. It is also possible to consult Serasa Score, a score from 0 to 1,000 that evaluates the likelihood of payment of bills in the next 12 months, being an important indicator for granting credit, such as loans and financing.
Paid consultations
Although the free consultation to Serasa and SPC is enough to check most registrations, there are other paid options, such as the service offered by Boa Vista. The consultation of a single CPF costs $ 40, and there are packages available for multiple consultations, such as 17 CPFs for $ 250.
In addition, Serasa itself offers paid services that allow us to consult third party CPF or CNPJ and monitor the CPF itself. According to Joyce Carla, Serasa's financial education coordinator, this monitoring offers consumer alerts, warning him when there is a risk of his name to be negative, or when the CPF is consulted by companies, which can prevent fraud.
"If the consumer receives a warning that his CPF was consulted by a company with which he has not negotiated, he can take preventive measures and avoid possible blows," explained Joyce.
When the consumer recognizes the debt, he must negotiate the payment directly with the creditor company to regularize the situation. According to Serasa, after payment is processed, the company has up to five business days to request the deletion of the CPF from the default database.
In the case of installment debts, the CPF must be withdrawn from the negative register after the payment of the first installment, as pointed out to Serasa's coordinator.
"It is important to remember that if the consumer fails to pay the following installments, his name can be negative again," warned Joyce Carla.
Debt prescription
Another way to remove the name of credit restriction records is to wait for debt prescription, after which it can no longer be charged. The prescription period varies according to the type of debt.
According to the Civil Code, the maximum deadline for debt prescription in Brazil is 10 years. However, most of the debts that result in negation of the name prescribe in five years.
The prescription deadlines for major consumer debts are:
- 3 years : promissory notes, exchange letters, real estate rentals, among others;
- 5 years : taxes such as IPTU, IPVA and Income Tax; traffic fines; water, electricity and telephone bills; Condominium slips, school tuition, health plan and consortia; credit card;
- 1 year : debts related to check issuance.
According to lawyer Ticiana Ayala, the checks have a particularity. Its validity is 30 days if issued in the same city where they will be presented to the bank, or 60 days if issued in another city. After this period, the bank cannot return it for lack of funds, but because it is out of the compensation period. However, for a year, the check may still be charged, which may result in the negation of the name.
Prescribed debt can no longer be charged
After the prescription, the debt can no longer be charged and the consumer may request the exclusion of his name from the defaults. Technically, the creditor company may file a lawsuit to try to charge the debt, but the court tends to reject the request, as explained by the lawyer.
"If a creditor tries to collect judicially a prescribed debt, it will be unsuccessful, because the judge can recognize the prescription or the consumer himself can rejoice in his defense, preventing the charge," said Ticiana.