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04 July 2023

Judicial enforcement of a debt in Portugal

The judicial enforcement of a debt in Portugal carries legal consequences that can deeply impact the debtor's life.

This process arises when the debtor, regrettably, fails to honor their financial obligations, triggering legal repercussions that aim to ensure the payment of the outstanding credit.

One of the most significant consequences is the seizure of assets, including real estate, vehicles, and bank account balances. For instance, let's imagine a debtor who, as a result of a bank loan agreement, owns their own property but becomes unable to repay their debt. In this context, the court can order to seize the property, which will subsequently be sold through a judicial sale to settle the remaining credit. Additionally, bank accounts can be frozen, thereby hindering access to the funds deposited therein.

The judicial enforcement also directly impacts the debtor's financial situation. The court can order the deduction of amounts directly from the debtor's income through wage garnishment. For example, if a debtor fails to fulfill their financial obligations, a portion of their salary can be withheld to settle the outstanding debt, including holiday and Christmas bonuses.

Moreover, the existence of a judicial enforcement can jeopardize one's access to future credit. Financial institutions tend to consider individuals with a history of unpaid debts and ongoing judicial enforcements as high-risk borrowers. Consequently, obtaining loans may be denied or subject to less favorable conditions, as the debtor's name appears on a public list of enforcements.

In summary, the judicial enforcement of a debt in Portugal entails consequences that go beyond the legal realm. Asset seizing, bank account blocking, wage garnishment, and restrictions on accessing credit are factors that require the debtor's attention. Being aware of their financial obligations, is of paramount importance for the debtor to seek appropriate solutions, such as debt negotiation, to avoid such ramifications and preserve their economic stability.

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