Extrajudicial Notification in the RTD: What to Do If Unlocated

Note: This content describes Brazilian notary and registry law (direito notarial e registral brasileiro).

Extrajudicial Notifications in the RTD and Procedures When the Notified Party Is Not Found

FAQ

What happens when the recipient of an extrajudicial notification in the RTD is not located?

When the recipient is not located after diligences conducted by the officer of the Registry of Titles and Documents (Registro de Títulos e Documentos) or their deputy, the registry office records the impossibility of personal delivery. The notifying party may request the issuance of a certificate of negative diligence to prove the attempts made at the indicated address.

How does the certificate of negative diligence issued by the RTD work?

The certificate of negative diligence is the official document in which the registrar details the dates, times, and reasons why the notification could not be delivered to the recipient. It carries public faith and attests to the exhaustion of in-person search attempts at the provided location.

What procedures apply after confirming that the notified party was not located?

After receiving the certificate of non-location, the notifying party may submit a new address for new attempts, request notification by publication when specifically authorized by law, or use the certificate to support requests in court proceedings.

Base legal

• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• lei_federal 8.935 1994 — Lei nº 8.935/1994
• codigo 13.105 2015 — Lei nº 13.105/2015 — Código de Processo Civil
• lei_federal 6.015 1973 — Lei nº 6.015/1973, art. 160
• lei_federal 8.935 1994 — Lei nº 8.935/1994

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