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Legal trouble in Brazil

Last activity 22 January 2021 by Chood

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Chood

I was just wondering if anybody can offer any advice on a complicated situation we have with my wife's finances in Brazil.

In short, a judge has ruled that she is liable for a cheque that wasn't honoured (written by her ex husband). We can appeal, but its pricey.

Anyway, it seems her account has been blocked, which is no problem really, as we don't live there now. But we don't know if there is a timescale on this. Will the account remain blocked forever - like if we go in 20 years, back to Brazil to live, will the account still be unusable? I know in the uk and ireland it would last only 6 years.

Seems a hopeless situation, and I'm hoping somebody can offer some knowledge.

TIA

Texanbrazil

We had a friend that had a judgment for 7 years, Freezed and acquiring plus interest to it.11% annually, Started at #R25m went to 100 mil in 7 tears

Chood

That's exactly the case for my wife. But we don't know how longnit can go on for. We live abroad, and cannot pay. But we are worried it will go on forever. Seems strong considering - if she went ti prison there would be an end date.

abthree

My husband is in law school, and confirms what Tex says.  The judgment remains in place indefinitely until and unless you take affirmative action to have it set aside - or pay it, which understandably, you don't want to do.  In addition to accumulating interest, until it's cleared she won't be able to open an account in any Brazilian bank, if you return.

Chood

That seems mad. No idea how we can get it set aside. And it'll be millions in a few years.

Chood

We have been trying to appeal but it takes forever, and there's no guarantee. So we'd be paying for a lawyer to change nothing.

It feels helpless, to be honest. And its nothing she did.

Texanbrazil

She could "counter-sue" her EX, but again legal fees.
I take it the divorce did not set out who pays what.
It will be forever in Brazil............
Maybe a settlement with the payee?  Throw out a number in Euros!
Other than that I hope she does not have property. It can be sized also.
That's is a major issue with joint accounts.

Chood

It wasn't known about until last year (by us at least). Her ex is already not paying what he should have given her, so no point in counter-suing.

We offered to pay the original figure on the cheque and the flat out rejected it. She owns half an apt with the ex, but he won't sell it. Perhaps we can give it to the guy with the cheque.

Its a tricky situation that has just fallen into our laps. I can't believe it. Thats all our plans gone.

abthree

Chood wrote:

We have been trying to appeal but it takes forever, and there's no guarantee. So we'd be paying for a lawyer to change nothing.

It feels helpless, to be honest. And its nothing she did.


That's often the feeling with Brazilian legal processes.  Nevertheless, you're in a much better position if your wife has a counterclaim against her ex before the court, than if the party to whom he apparently passed a bad check is the only one of whom the judge is required to take formal notice.  If your future plans involve being anything more than occasional tourists in Brazil, you'll need to get this behind you, and it won't go away on its own.  I hope that you have a lawyer who deserves your confidence.

Chood

Thank you. I fear we don't have, but lets see. Thanks for the help.

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