finance

What is the difference between protest and negation?

Discover the difference between protest and negation, and learn how to resolve each situation to clear your name.

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Protest or negation?

Protesto ou negativação? (Imagem: FinançasFEMININAS)
Protest or negation? (Image: FEMALE Finance)

It is not at all peaceful to have a dirty name in the square and be without access to credit when necessary due to protest or denial. Therefore, think often before taking on a large debt or paying your purchases on your credit card in installments, as this could make you lose control of your spending.

We know it's not easy to organize finances and make payments at the end of the month. Sometimes when the situation tightens, your name can go to protest or even get negative. But what do these two terms really mean?

Collecting a debt is not at all simple for a company, as it can completely change the buyer's relationship with the company. However, not being paid is not one of the best alternatives, so there are two ways to make a charge if it is overdue. They are: protest and negative the customer.

In this article you will know exactly the difference between these two terms and you will also understand how to regularize your situation if your name has gone to protest or is negative. Stay with us and learn everything about it.

What is protest?

O que é protesto? (Imagem: MarceloBenevides)
What is protest? (Image: MarceloBenevides)

Many people do not understand what it is to be protested and how to regularize this pendency. But we explain it to you: protest is basically when a person or a company fails to pay some title and the creditor registers this debt with the notary.

That is, the protest is an act that occurs publicly in which the company you must report this debt to the notary, formalizing the charge. But for this to happen, the company needs to gather the necessary information and documentation in detail to prove the debt.

This process only links the name of the defaulting consumer to a debt until it is finally paid, this link being mandatory in the event of a future lawsuit. Once the procedure is completed, the notary immediately notifies the credit protection agencies (SPC/Serasa) about the protest.

If the debt is not paid, the data may remain on record for up to 10 years. Thus serving as support so that many companies in the future, when they consult their name, are informed of this debt and will decide whether or not it is feasible to grant consumer credit.

What does the name go to protest mean?

O que significa o nome ir para protesto? (Imagem: Foregon)
What does the name go to protest mean? (Image: Foregon)

Now that you know what it means to have a name in protest, it's time to find out how it works.

Initially, a representative of the company goes to the registry office presenting proof that the consumer has not paid the debt. From there, it is up to the notary to analyze the veracity of the facts and decide whether or not the debt should be protested.

The debt being approved, the notary will issue a subpoena that will be delivered directly to the debtor. So that the debtor's name is committed until the debt is paid in full, if this does not happen, the person's debt is registered by the notary for around 10 years, unlike when the debt is registered only with the SPC or Serasa, for around of 5 years.

Having your name in protest is equivalent to the dirty name, but with a formal record and in addition with a debt that lasts for up to 10 years if you are unable to pay. That is, theoretically, if you choose not to pay, you will have difficulty borrowing and extending credit in general for 10 years.

This way you are recognized by financial institutions as a bad payer, theoretically making no financial institution want to partner with you.

How to regularize your name when going to protest?

Como regularizar seu nome quando vai para protesto? (Imagem: Serasa)
How to regularize your name when going to protest? (Image: Serasa)

There is a way out of everything in the financial world, but in any case, there is no alternative other than paying the money you owe to get out of it.

However, the first step to be taken is to consult your CPF on the Serasa Consumer website, as from the consultation you will know which registry office your name is protested at.

The notary number and location will appear on the page, for example: Cart 01, São Paulo. Therefore, google more information about the location, as you will need to go to the notary to find out who protested and any other information about the debt.

Once this is done, you will find out who the creditor is, and now the process of paying off the debt and withdrawing the protest in your name will begin. You will need:

1. Make the debt payment

2. Ask the creditor for a letter of consent (declaration where the creditor authorizes the title or protest debt document to be cancelled).

3. Take the consent letter to the registry office to withdraw the protest from your name.

Then your name will finally be cleared. The notary has up to 5 working days to send the deletion command and after receiving it, it will have 24 hours to cancel it.

If the registry office passes the deadline, the consumer can send the Marriage Certificate to Serasa Experian, with a simple letter containing the name, CPF, RG and address.

It is important to highlight that notary offices charge a fee for the regularization of titles, and each notary office charges an amount, so it is not possible to stipulate an average to be paid. The tip is to leave the house with an extra to not be caught by surprise.

What is negation?

O que é negativação? (Imagem: NotiSul)
What is negation? (Image: NotiSul)

The company can also opt for the negation of its name instead of putting it in protest, for an unpaid debt. In this way, the company bars access to credit for these individuals as a way of forcing them to resolve the issue by paying off their debts.

Therefore, the act of negation prevents the debtor from having access to credit, as his debt will be exposed to credit protection agencies. Therefore, every time you apply for a card, apply for a loan, etc., institutions will know that you have an outstanding debt when they check your CPF. Therefore, it becomes increasingly difficult to trust that you will actually pay back the loan you took out with them, for example.

When a company chooses to negate its name, the data on its debt will be used in all analyzes at a national level, mainly between stores and businesses. That is, wherever you are in Brazil, you will continue to have your dirty name until the debt is paid off.

In addition, your debt is registered in the SPC and Serasa databases for up to 5 years, but even after this time limit you can still be charged for the debt, through the company you owe.

And after paying the debt, the creditor has up to 5 business days to remove the consumer's name from the system. If this does not happen, the individual can contact Procon so that the problem is resolved as soon as possible.

What happens when your name is denied?

O que acontece quando seu nome é negativado? (Imagem: JornalContábil)
What happens when your name is denied? (Image: JornalContábil)

There are some consequences for those who don't pay their debts and end up with a dirty name. That way, the company you owe won't give up on getting your money back because you can't pay, or because you're going through some difficulty.

Therefore, before making a debt you must be well organized and know if you will be able to pay the amount until the end. If this does not happen, your name will end up with credit protection bodies and you end up having to face other difficulties. But now we're going to explain everything that happens when your name is negative.

Before leaving the customer's name registered in the system, the credit protection agency must send a letter notifying about the debt. Serasa, for example, after sending the notice, usually gives a period of 10 days for the expense to be settled. If this does not happen, the debtor's name enters your database and can be consulted by any company that has access to Serasa.

Remembering that it is the entrepreneur who must bear the costs of registering the name of the debtor client with Serasa, for example, since, generally, these credit protection services are paid.

How to regularize your negative name?

Como regularizar seu nome negativado? (Imagem: Foregon)
How to regularize your negative name? (Image: Foregon)

This is a frequent question for Brazilians, as there are currently more than 60 million people with overdue bills in the country. However, there is no shortage of opportunities to settle debts, as the process of regularizing your negative name can be done in different ways. See how to get rid of debt and regularize your situation.

Whether you haven't paid your card bill or a loan from a financial institution, the most basic procedure is to renegotiate the debt with the institution you owe.

The most common way is to contact the company and start negotiating the payment. Thus, when the amount is too high, the customer can choose to pay in installments and as soon as the first installment is paid, the company must contact the agency to remove its name from the credit protection list. However, if the debts are delayed again, your name returns to the SPC or Serasa.

You can also renegotiate your debt through fairs where you can get special conditions for debt settlement. Therefore, be aware of this type of opportunity, as saving will always be the best option.

Loan for negative with Banco do Brasil

Do you want to take out a loan even though you are negative? Get to know the options that Banco do Brasil offers to make your life easier

So what's the difference between protest and negation?

Então, qual a diferença entre protesto e negativação? (Imagem: Foregon)
So what's the difference between protest and negation? (Image: Foregon)

But then, what is the real difference between protest and negativity? If you still don't understand, we summarize. We will now explain to you in a few words the main differences between the two terms.

Both cases refer to an unpaid debt. In the case of negation, the debt is included with Serasa (being the most common cases). Generating pressure on the debtor as this act deprives him of having access to credit easily. That is, having a new credit card, taking out a loan, applying for microcredit and the like for around 5 years.

A protest is a formal public act that occurs when a debt is not paid.

The main difference between the two is that negation is sending non-payment information to Serasa, leaving the customer negative, while protest is sending this same information to the notary.

Is there a debt amount limit to protest or negate?

Conclusão (Imagem: Freepik)
Conclusion (Image: Freepik)

If you have an unpaid debt, you must answer for it, regardless of the amount. But usually when your name gets dirty it's because of a debt you can't pay at the moment, so depending on your condition, the amount varies.

It is important to make it clear that, in both cases, the debtor customer is informed about the debt, however, despite the similarities, we must emphasize that depending on the amount charged, protesting is not the best alternative.

This is because to protest the company will need to bear the costs and expenses of the notary. In this process, if the debt is, for example, R$ 90.00, it will not be worth protesting for that amount in a notary, as the costs run the risk of being greater than the debt amount, especially if it is below R$ 100 ,00.

If the customer already has difficulty paying the expenses he incurred with the shopkeeper, it is very difficult for him to be able to pay the notary fees. Therefore, the most recommended thing is that, if the idea is to protest, it is better that the values exceed R$ 400.00.

Therefore, if your debt is small, do not despair, companies do not want to complicate the situation for the debtor customer, quite the contrary.

Many opportunities are offered for the debt to be paid off as quickly as possible, so the customer will buy again and make a profit for the company.

What is the role of credit in your financial life?

Credit is a financial product that can make a difference in your life. In our article you will find out the types and how to use them in a healthy way.

About the author  /  Heloisa Trindade

I'm Heloisa Trindade, journalist at DRT 1424/MS in Campo Grande, graduate in publicity and advertising at Estácio de Campo Grande, editor and content producer for 4 years. My passion for reading and writing came since I was a child, influenced by my mother. In the midst of a financial crisis, I discovered that I could use my passion to generate income and that's when I started my first blogs. My goal is to always deliver true, quality content and information to our readers.

Reviewed by  /  Junior Aguiar

Senior Editor

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