PRIVATE 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 extra-procedural measures, which in turn are very quick 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 this way.
The key measure that equalizes this relationship and can make these processes effective is a well-executed asset investigation.
Asset investigations significantly reduce the disadvantage of creditors when dealing with bad-faith debtors acting extrajudicially. A large portion of the research in a thorough investigation is also extrajudicial and serves as a foundation for the creditor to later take a much more assertive, swift, and effective legal approach.
Investigations are essential for shedding light on a debtor’s assets: revealing seizable assets, uncovering potential fraud, and enabling successful and efficient debt collection.
Whether conducted before civil execution or judicial collection begins, during the process, or even years later when the case has been dragging on, an asset investigation can always add significant value to the creditor and provide lawful and powerful tools for their attorney.
The information obtained extrajudicially not only has intrinsic value but often justifies, before the judge, the use of more advanced investigative or coercive measures that the court may order.
Better still, in many cases, the power of the information obtained in these investigations is so great that the matter is resolved through an extrajudicial agreement, without even needing to present these findings “in court,” as the saying goes.
However, it is crucial that asset investigations are carried out by specialists in the field. This ensures they are conducted lawfully, with just cause compatible with the General Data Protection Law (LGPD), and are limited to public and open data sources. It is necessary 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 maximizes the efficiency of asset investigations, achieving the best results in the shortest time and at the lowest cost, while ensuring the interested party and their team of professionals are involved in decisions throughout the process.
Our asset investigation methodology is unique.
We have developed a unique three-step methodology that maximizes the efficiency of asset investigations, achieving the best results in the shortest time and at the lowest cost, while ensuring the interested party and their team of professionals are actively involved in the decisions made throughout the process.
STEP 1
Step 1 focuses on what we call preliminary research, where, using the most advanced tools on the market, we conduct a series of searches on the individuals being investigated. This includes immediately identifying economic groups, companies, partners, related individuals, news, social media activity, properties, areas of operation, trademarks and patents in the INPI, legal proceedings, public bids, corporate acts, and many other pieces of information that immediately provide significant value to the interested party and uncover the broader universe and ecosystem of the case.
STEP 2
Step 2 focuses on document acquisition. Once Step 1 is completed, a series of documents are identified as necessary to clarify the legal and asset situation of the individual being investigated. At this stage, it is crucial to carefully select which documents will be relevant and which will not, and then acquire them efficiently and systematically, ensuring they can be properly processed later.
STEP 3
Step 3, finally, crowns the entire methodology and consists of analyzing the documents and developing the strategies that may resolve the case. At this stage, everything uncovered in the case is addressed, all acquired documents are reviewed and analyzed, and the findings and strategies are compiled into a comprehensive dossier. The goal is to identify a solution for the case, uncover seizable assets, expose any fraudulent activities, and, so to speak, provide the critical information needed to "unshield" the assets.
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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