Published on October 30, 2023, Law 14,711/2023, which establishes the Legal Framework for Guarantees, brought a major innovation regarding the means used to notify debtors in protested titles. This is because article 11 of said Law amends article 11-A of Law No. 9,492/1997, allowing, in item III, that when protesting a title, the creditor has the possibility of requesting the Titles and Documents Registry Office to notify the debtor by suitable electronic means, including an instant messaging application. This understanding was already provided for in article 368 of Provision No. 149, of August 30, 2023, of the CNJ and was ratified by the Legal Framework for Guarantees, bringing even more legal certainty.
This innovation ensures that the creditor can formalize the protest more quickly and in compliance with legal requirements. We recently found that the Title and Document Registry Offices of the Districts of Ipameri/GO and Itinga do Maranhão/MA used instant messaging applications to notify debtors about protested titles, in accordance with the new legislation. Therefore, encouraging the use of suitable electronic means when protesting titles is extremely beneficial, facilitates credit recovery and is an important tool available to creditors.
