Last week we had to deal with several court-ordered account freezes triggered against several clients, stemming from different types of obligations. Some due to tax debts, others due to bank loans, others because of suppliers, and finally, others due to labour debts.
Given how heavy this past week was, it's worth explaining how a court-ordered freeze actually works and, of course, what to do if it happens to you.
If funds in a bank account are frozen by court order, it is essential to act quickly and in an organised way. This measure usually results from a court decision issued in an enforcement proceeding, a judgment-execution proceeding, or other collection claims, and it requires immediately checking the underlying case, the content of the decision, and the extent of the freeze.
Today, these orders are carried out largely through Sisbajud — the Judiciary's Asset Search System — an electronic tool used for communication between the courts and financial institutions. Its main legal basis is Article 854 of the Code of Civil Procedure, which governs the seizure of money held in deposit or financial investment accounts, along with the administrative regulation issued by the National Council of Justice through Administrative Ruling No. 3, of October 14, 2024, which now governs how the system is operated and used.
Sisbajud is not limited to freezing funds. Depending on the court order, the system allows for different types of action, such as freezing financial assets, releasing funds, transferring frozen amounts to a court-held account, requesting banking information and, in specific cases, lifting banking secrecy. The regulation also provides for scheduled repeat freeze orders, known in practice as “teimosinha” (“the persistent one”), a mechanism that increases the odds of locating assets over successive attempts.
Upon learning of the restriction, it is advisable to immediately gather bank statements, receipts and documents showing the origin of the funds affected. This step is especially important because certain funds may be legally exempt from seizure, such as wages, retirement benefits, pensions and other amounts of a subsistence nature, which may justify a court request for a full or partial release.
Each situation must be assessed individually to determine the most appropriate legal course of action. Depending on the specific case, it may be appropriate to request a release of funds, challenge the seizure, argue that the freeze is excessive, or adopt a negotiation strategy — always based on the financial documentation and the nature of the obligation being litigated.
So, do not hesitate to reach out to us as urgently as possible if this type of freeze affects your bank assets.
Ricardo Petereit
August 4, 2026
