Can FGTS be seized to pay debts? Understand the court’s decision

If you have debts, know that you can use your FGTS to pay them off. Understand how this can happen according to the laws!

Did you know that the FGTS balance can be used to pay debts in certain situations? Recently, a court decision in Belo Horizonte authorized the seizure of 20% of a debtor’s FGTS balance.

This measure, taken by judge Ana Cristina Viegas Lopes de Oliveira, reveals a little-known aspect about the use of the FGTS. Follow this article to better understand this decision and its implications.

The FGTS can be your salvation in many scenarios, including when paying off debts. Understand! / Credit: @jeanedeoliveirafotografia / pronatec.pro.br

FGTS attachment: an exceptional measure

When we talk about the Service Time Guarantee Fund (FGTS), we generally think of a worker protection resource. However, in cases where there are no other seizable assets, the FGTS can be used to pay off debts. In this specific case, the judge ordered the retention of 20% of the debtor’s FGTS amounts, a measure adopted to ensure payment of an outstanding debt.

Balance between protection and obligation

This ruling highlights a delicate balance in the law. On the one hand, the debtor’s rights are protected, guaranteeing their basic subsistence. On the other hand, the aim is to ensure that the creditor receives the payment due. The unseizability of the FGTS is an important principle, but it is not absolute and can be made more flexible in certain situations.

Seeking alternatives for credit satisfaction

Faced with the difficulty in recovering the amount owed, the creditor sought legal alternatives. The decision to block part of the FGTS balance came after a detailed analysis of the debtor’s finances, including his income tax returns. It is an example of how the judicial system can seek creative and fair solutions to financial conflicts.

Legal consultancy: a path to understanding your rights

In situations like this, it is vital to seek expert legal advice. Understanding the details of the law and how it applies to your specific case is critical to ensuring your rights are respected. This case highlights the importance of being well informed about the possible legal implications of your Guarantee Fund.

Discover the different types of FGTS and expand your financial horizons!

The fund, in short, is more than a simple protection mechanism for Brazilian workers. In addition to being a safeguard in times of need, the FGTS offers several modalities that can be beneficial at different stages of the worker’s life. Let’s explore some of these modalities, providing you with more clarity on how you can make the most of this feature.

Withdrawal-termination

Traditionally, the FGTS is known for its role when terminating an employment contract. In this modality, the worker has access to the total balance of the fund when he is fired without just cause, when the company closes its activities, in cases of retirement, and in other specific situations defined by law.

Birthday withdrawal

The Birthday Withdrawal is an option that allows workers to withdraw part of their FGTS balance annually, in the month of their birthday. By opting for this modality, the worker gives up the right to withdraw the full FGTS balance in the event of termination, whilst maintaining the right to a 40% termination fine.

Withdrawal for housing

One of the most significant forms of FGTS is the use of the balance to purchase your own home. The worker can use the FGTS balance to buy, build, amortize or settle housing financing debts.

Withdrawal for serious illnesses

In cases of serious illnesses, such as cancer or HIV, or in situations of personal calamity, the worker can withdraw the FGTS balance. This modality aims to offer financial support in times of extreme need.

Withdrawal for education

Although less known, the FGTS can be used to finance education. The worker can use the FGTS balance to pay for higher-level or technical courses, helping to finance personal and professional development.

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