Payment Incidents

Verified 16 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Have you exceeded your authorized overdraft or your bank has rejected a check, credit transfer or direct debit? You are then in a situation ofpayment incident. Are you wondering if you have to pay a fee or how to regularize your situation? We'll explain everything to you.

Customer Information

Check Rejection Information

The bank must inform you before and after the check is rejected.

Before rejection, the bank must warn you of the risk of a payment incident to allow you to replenish your account quickly.

If the check has been rejected, the bank must send you a letter within a short period of time indicating the consequences of the rejection and the means to regularize your situation.

Fee information

The bank must inform you of the amount of the bank charges related to the payment incident (newsletter fees, rejection fees, intervention fees, etc.). It must do so at least 14 days before the fees are charged to the account.

This information is usually mentioned at the end of your statement, in a specific section.

Regularization of the incident

As soon as you are informed of the incident, you must regularize your situation by one of the following two means:

  • By resubmitting the check, after replenishing your account
  • By paying the amounts due directly to your creditorby any means. In this case, you have to give the check to your bank.

Otherwise, you may be banking ban for five years.

Your creditor can also attack you in front of civil courts.

Cost of rejecting a check

Your bank may charge you a fee. However, these fees are capped.

The amount of the cap differs depending on whether you are in or out of financial fragility situation.

FYI  

an NSF check submitted multiple times within 30 days after the 1er account rejection for a single payment incident.

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General case

Check up to €50

€30

Check for more than €50

€50

You are a financially fragile customer

You benefit from a specific offer "fragile customer"

Charges for banking incidents are capped at €20 per month and at €200 per year.

You don't benefit from it

Bank incident charges are capped at €25 per month.

The billing of the various letters relating to the payment incident sent by the bank is included in these charges.

Remembering the incident

The unresolved payment incident memory can be stored in the following files:

After regularization, the memory of payment incidents can only be kept in the private files of the bank.

Customer Information

Payment order rejection information

The bank is under no obligation to inform you in advance of its intention to reject the order for transfer or direct debit. She is not obliged to send you a letter once the direct debit has been rejected.

You are informed only by checking your accounts or by interviewing your bank.

Fee information

The bank must inform you of the amount of the bank charges related to the payment incident (newsletter fees, rejection fees, intervention fees, etc.). It must do so at least 14 days before the fees are charged to the account.

This information is usually mentioned at the end of your statement, in a specific section.

Regularization of the incident

As soon as you are informed of the incident, you must regularize your situation by one of the following two means:

  • By resubmitting the payment order, after replenishing your account
  • By paying the amounts due directly to your creditorby any means

Otherwise, your creditor can attack you before the civil courts.

Cost

Your bank may charge you a fee. However, these fees are capped.

The amount of the cap differs depending on whether or not you are in a situation of financial fragility.

Please note

the persons recognized as over-indebted shall be considered to be in a situation of financial fragility.

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General case

Bank charges cannot exceed the rejected payment order amount and cannot exceed €20.00.

You are a financially fragile customer

You benefit from a specific offer "fragile customer"

Charges for banking incidents are capped at €20 per month and at €200 per year.

You don't benefit from it

Bank incident charges are capped at €25 per month.

Remembering the incident

The memory of unresolved payment incidents can be stored in the following files:

After regularization, the memory of payment incidents can only be kept in the private files of the bank.

Customer Information

Unauthorized overdraft information

The bank is under no obligation to inform you of the unauthorized overdraft. But most banks send a newsletter, which is often billed.

Fee information

The bank must inform you of the amount of the bank charges related to the payment incident (newsletter fees, rejection fees, intervention fees, etc.). It must do so at least 14 days before the fees are charged to the account.

This information is usually mentioned at the end of your statement, in a specific section.

Regularization of the incident

As soon as you are informed of the incident, you must regularize your situation by one of the following two means:

  • Replenishing your account
  • By paying the amounts due directly to your creditorby any means

Allowable overdraft cost

Your bank may charge you a fee. However, these fees are capped.

The amount of the cap differs depending on whether or not you are in a situation of financial fragility.

Please note

the persons recognized as over-indebted shall be considered to be in a situation of financial fragility.

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General case

Maximum charge per operation: €8

Maximum fee per month: €80

You are a financially fragile customer

You benefit from a specific offer "Fragile customer"

Maximum charge per operation: €4

Maximum fee per month: €20

Maximum fee per year: €200

You don't benefit from it

Bank incident charges are capped at €25 per month.

Remembering the incident

The memory of payment incidents may be stored in the private files of the bank concerned.