STJ rules on statute of limitations for indefinite money loans

The Third Panel of the Superior Tribunal de Justiça (STJ) has ruled on the statute of limitations for money loan contracts that do not specify a repayment date. The court determined that the five-year period for judicial collection begins after a 30-day period following the contract signing, during which the debtor is expected to settle the obligation.

In a specific case, the court declared a debt prescribed after a company attempted to execute a loan agreement signed in June 2017 through a legal action filed in August 2024. While lower courts had previously ruled that the countdown should only begin once the debtor is officially notified of their default, the STJ applied a specific rule from the Civil Code regarding money loans, which establishes that the obligation becomes due 30 days after signing.