Debt Collection in Portugal: Notificação Judicial and Injunção

Portugal has modernized its civil procedure system significantly since the 1990s, creating streamlined mechanisms for debt recovery. The two primary tools are the notificação judicial (formal judicial notice) and the procedimento de injunção (payment order procedure), governed by Decreto-Lei 269/98 and the Código de Processo Civil (CPC).

The Notificação Judicial

A notificação judicial is a formal notice delivered through the court system, typically used when a creditor needs irrefutable proof that the debtor has been notified of a demand. Unlike a simple registered letter (carta registada com aviso de recepção), a notificação judicial is served by a judicial officer (oficial de justiça) or via postal service with special legal weight.

Under Articles 219-232 of the CPC, the notificação judicial can be used for:

  • Formally placing the debtor in default (constituição em mora)
  • Notifying the debtor of a contract termination or renewal
  • Interrupting the statute of limitations (prescrição)
  • Creating documentary evidence for future litigation

The Procedimento de Injunção

The injunção is Portugal\'s equivalent of the European payment order. It is an extremely popular and efficient procedure handled by the Balcão Nacional de Injunções (BNI), allowing creditors to obtain an enforceable title without a full trial.

Key features under Decreto-Lei 269/98:

  • Claims up to EUR 30,000: The injunção is limited to claims of this amount (previously EUR 15,000; raised in 2023). Larger claims must go through ordinary declarative procedure.
  • Electronic filing: Applications are filed electronically via Citius or the injunção online portal. Paper filing is possible but discouraged.
  • Proof requirement: The creditor must attach documentary evidence — invoices, contracts, signed acknowledgments of debt.
  • 15-day opposition period: The debtor has 15 days to oppose (oposição). If no opposition is filed, the BNI appends the enforcement formula (fórmula executória), making it immediately enforceable.

Step-by-Step Injunção Process

  1. File the requerimento de injunção: Submit electronically with supporting documents to the BNI. The filing fee starts at approximately EUR 25-50 depending on the claim amount.
  2. BNI review and notification: The BNI reviews the form and serves notice on the debtor by registered mail.
  3. Debtor response: The debtor has 15 days to pay or oppose.
  4. Enforcement formula: If no opposition, the BNI appends the enforcement formula, and the document becomes an enforceable title (título executivo) equivalent to a court judgment.