Under the decision, it is necessary to consider the proportionality and reasonableness of the measure and to apply it in a way that does not cause too much inconvenience to the debtor. According to Minister Fox, the appropriateness of the measure must be analyzed on a case-by-case basis, and any abuse of its application can be curbed by appeal.
CNH Debt Ban Criteria
First, it is important to emphasize that in order for a CNH to be blocked due to debt, the blocking must occur within the scope of a judicial enforcement process. Therefore, the debtor must be notified in advance of the debt, knowing that there is a court order to pay it.
This is also an extreme measure, which can only be applied as a last resort, after all other forms of debt collection have been exhausted, such as the seizure of amounts in bank accounts and the seizure of assets, for example.
Furthermore, a judge’s decision to withhold a driver’s license may also take into account signs that a person has financial resources but claims otherwise. This evidence may be based on social media posts that highlight the well-known “splurge”: trips, acquisitions of goods, and other situations that demonstrate a high consumption pattern.
As for the period during which the license can remain withheld, this depends on the judge’s decision, but in general the period ranges between six months and one year.
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