Atlas · Free Market
Maximum term for payment plan in case of over-indebtedness is 5 years
AnswerThe maximum term for debt restructuring in case of over-indebtedness is 5 years, as per Law 14.181/2021.
Reviewed on 2026-10-03 · next review 2027-04-03
Data
| Who | Situation | Maximum term | Source | Data of record |
|---|---|---|---|---|
| Natural person consumer | Voluntary restructuring process (Art. 104-A) | 5 years | Law 14.181/2021, Art. 104-A, caput | 06/04/2021 |
| Natural person consumer | Compulsory judicial process (Art. 104-B) | 5 years (180 days for first installment + monthly installments) | Law 14.181/2021, Art. 104-B, § 4º | 06/04/2021 |
Data consulted on 03/10/2026.
Basis
- Law No. 14.181/2021 (Planalto, in Portuguese): Art. 104-A establishes the maximum 5-year term for a voluntary payment plan in conciliation hearings; Art. 104-B provides the same term for compulsory judicial restructuring, with details on installment plans.
How it applies
The 5-year term applies to both voluntary restructuring (Art. 104-A) and compulsory restructuring (Art. 104-B). In the judicial case, the first installment must be paid within 180 days after approval, with the remainder in equal monthly installments. Both processes aim to preserve the consumer's existential minimum.
Limits
- Exclusions: Does not apply to debts arising from fraudulent contracts, rural credit, real estate financing, or secured loans (Art. 104-A, § 1º).
- Repetition: A new request is only possible after 2 years from the settlement of the previous plan (Art. 104-A, § 5º).
- Regulation: The term depends on regulation regarding the existential minimum (Arts. 54-A, § 1º, and 104-A, caput).
- Official source: Subsequent changes must be verified in Law 14.181/2021 or in CDC regulations.
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