Driver's license suspended due to debt? See what to do in this situation!

Did you know that your driver's license could be suspended due to debt? And if you're not careful, you could be left without a driver's license for a long time, which in some cases is very necessary.

The decision to suspend your driver's license due to debt

This is not something that has existed for a long time, in fact, the decision to leave the driver's license suspended due to debt came in February 2023.

In February the STF, the Supreme Federal Court, ruled that both the driver's license and the passport of debtors can be seized and suspended. Therefore, you will not be able to drive or travel outside the country.

This was a measure taken so that debtors would feel “forced” to pay their debts. The Supreme Court ruled that this was a constitutional measure, but that it should be used as a last resort.

So for it to get to this point, all “friendly” resources must have been exhausted.

The seizure and suspension of these documents will only be carried out in legal proceedings under execution, and may be suggested or carried out when there is no doubt that there is a debt and that it is the debtor's responsibility.

If these remedies have not been exhausted, but the judge is informed that the debtor has hidden financial resources or that he travels frequently and has a high standard of living, his decision may be influenced.

Does any debt lead to suspension?

Not all debts can lead to your driver's license being suspended due to debts; in fact, the measure will only be applied in specific cases.

Debts related to taxes of any kind, municipal, state or federal, will lead to suspension if necessary.

Just like traffic fines that are not paid on time, but be aware that suspension is just one of the possible consequences.

Failure to pay child support is another case that can lead to the suspension of your driver's license.

What is the period of suspension of the CNH due to debt?

No deadline was set for the suspension to end, so the period for the judge in each case to make his decision based on the judicial process was left open.

But if the judge decides to follow the Brazilian Traffic Code, he must look at the second article 261, which says that the suspension can last from 6 months to 1 year.

So what is established?

After being considered by 10 ministers, the decision that defaulters have their driver's license suspended due to debts was established.

Each case will be assessed by the STF, so that no injustices occur, and in addition to having their driver's license suspended, debtors may lose their passport and be prohibited from participating in public competitions.

However, the application of this measure has some reservations, such as non-interference in fundamental health and safety rights.

Furthermore, those who use their driver's license to work will not be suspended, such as truck drivers, delivery drivers, app drivers and others, as long as it is proven.

What to do if your driver's license is suspended due to debt?

The suspension of a driver's license is something that does not usually happen very often, but it may now happen more often due to the STF's decision.

To avoid this, or get around the situation when it has already occurred, let's look at some ways to deal with it. your debts:

Debt negotiation

One of your alternatives is to negotiate the debt with creditors or financial institutions if that is possible.

With this, you can get discounts, installments, negotiate to pay only the gross amount and not the interest, there are several options.

Debt renegotiation programs

Renegotiation programs, such as the Serasa Clean Name, are interesting to try to obtain a reduction in interest or an installment plan. They usually have partner companies that can help with the process.

Seek professional help

Seeking professional help, such as a financial advisor or a company that specializes in debt management, can be a valuable option.

These professionals have the knowledge and experience to help you develop a plan that fits your needs and guide you through the debt negotiation process. 

What if I drive with a suspended license due to debt?

If for some reason, whether due to debt or not, your driver's license is suspended, driving may not be a very smart idea.

You can, but there are consequences for non-compliance, since if your driver's license is suspended it must be handed over to the agency, and driving without a driver's license is a very serious offense.

If this happens, the driver's license may be revoked, which may lead to a two-year driving ban, in addition to having to pay a fine of R$$882.41 reais.

When driving with a suspended license, what can happen is that the driver will receive a fine. If this happens, he will have to get his license again, as if it were the first time.

In other words, all eye exams, psychometric tests, theoretical and practical classes must be taken again.

Other reasons for suspension of the driver's license

But there may also be other reasons for having your license suspended besides debts. For example, the driver's license will be suspended if they reach 40 points on their license in 12 months.

Another thing that can happen is the occurrence of two very serious infractions, in which case the license is suspended regardless of the 40 points.

Driving under the influence of alcohol and refusing to take a breathalyzer test or other tests that prove sobriety are just examples of very serious infractions.

But they can also be: driving at a speed 50% above the permitted speed, putting the lives of pedestrians at risk, making dangerous maneuvers, driving without helmets or with headlights off and crossing a police blockade.

As well as not offering assistance to victims of accidents, forcing overtaking in opposite directions and taking children under 7 years old on a motorcycle.

So if you have outstanding debts or already have a suspended license, be very careful. Because if you receive a suspended fine and do not pay it, the case may be taken to court and your driver's license may be suspended indefinitely.