HERITAGE INVESTIGATION
Excellent investigation and consultancy to find assets, identify winning theses and assist in resolving the case.
Today the biggest bottleneck in Justice is precisely civil enforcement, that is, the part of collecting unpaid debts, whether due to contracts, judicial convictions or other obligations that generate the duty to pay.
According to the Justice in Numbers 2022 report, “the Judiciary had a collection of 77 million cases pending dismissal at the end of 2021, with more than half of these cases (53.3%) referring to the execution”. That’s a staggering 41.2 million pending executions!
In many processes this happens because the bad faith debtor – that is, the one who has the assets to pay the debts, but does not pay them because he does not want to – has at his disposal a series of extrajudicial asset shielding mechanisms, and a large part These mechanisms are very quick to use, being just a few clicks away.
Therefore, there is a frustrating general perception that the creditor only has the procedural instruments (which are quite slow) at his disposal to request the debtor's assets; the debtor who is in bad faith can take advantage of measures extra-procedural which in turn are quite fast and frustrate the creditor's requests.
Figure 1 – source: CNJ. Available at: https://www.cnj.jus.br/wp-content/uploads/2022/09/justica-em-numeros-2022.pdf – accessed on: 24 Nov. 2022.
These measures taken by some debtors may include emptying accounts, transferring their assets to third parties in collusion – the so-called “oranges” –, establishing shell companies, continuing the activity with another CNPJ, selling their assets to third parties in good faith, among other measures. that frustrate the creditor.
But it doesn't have to be that way.
The measure that most equalizes this relationship and can make these processes effective is the heritage investigation well done.
The asset investigation greatly reduces the creditor's disadvantage when faced with a debtor in bad faith who acts extrajudicially. Much of the research in a well-done investigation is also extrajudicial, and serves as support so that the creditor can later take much more assertive, quick and, therefore, effective procedural action.
The investigation is essential to shed light on the debtor’s assets; reveal the seizable assets, discover any fraud that may be taking place and thus enable a successful and successful collection.
Whether before civil enforcement or judicial collection begins; whether during its course or even after a long time when the process has been going on for several years, at any time the property investigation can generate a lot of value for the creditor and provide lawful and powerful weapons for its lawyer.
Information obtained extrajudicially, in addition to having great value in itself, often justifies before the judge the use of other more daring investigative or coercive measures that he can determine.
And, better than that, often, the power of the information obtained in these investigations is so great that the case is resolved with an out-of-court settlement, without even needing such discoveries to be taken “to the forum”, as they say.
But it is important that the heritage investigation is carried out by professionals who specialize in this. This is because it must happen lawfully, with just cause compatible with the LGPD, and can only target public and open data sources. You need to know what to do, where to do it, when to do it, why to do it and, of course, how to do it.
There are several possible methods.
And, as an example…
We have developed a unique three-step methodology that provides maximum efficiency for property investigations, obtaining the greatest results in the shortest time and at the lowest cost, and always involving the interested party and their team of professionals in the decisions made along the way.
Our heritage investigation methodology is unique
We have developed a unique three-step methodology that provides maximum efficiency for property investigations, obtaining the greatest results in the shortest time and at the lowest cost, and always involving the interested party and their team of professionals in the decisions made along the way.
STEP 1
Stage 1 focuses on what we call preliminary research, where with the help of the most advanced tools on the market we launch a series of searches on the people researched, immediately identifying economic groups, companies, partners, related people, news, social media, properties , locations of activity, brands and patents at INPI, legal proceedings, tenders, corporate acts and so much other information that immediately generates a lot of value for the interested party and opens up the universe and ecosystem of the case.
STEP 2
Step 2 is focused on acquiring documents. Once Stage 1 has been completed, a series of documents are identified that need to be acquired to clarify the legal and patrimonial situation of the person being researched. At this point it is necessary to make a careful selection of documents that will be relevant and those that will not be relevant, and then acquire them in an efficient and organized way, so that they can then be treated properly.
STEP 3
Stage 3, finally, crowns the entire methodology and consists of analyzing the documents and preparing the theses that could resolve the case. At this stage, everything that appeared in the case is treated, and all acquired documents are read and analyzed, and the theses and discoveries are gathered into a dossier, all with the aim of finding a solution to the case, revealing seizable assets, revealing fraud. eventually committed, and, so to speak, bring the fundamental information to “unshield” the heritage.
With this in hand, the creditor and the responsible lawyer will have powerful facts and strategies that can resolve the case.
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