Objection on a check or checkbook
Verified 27 September 2021 - Directorate for Legal and Administrative Information (Prime Minister)
After the loss or theft of your checkbook or only a check, you must object to their cashing. This is done through your bank. In the event of a dispute, recourse is possible.
You can object to the payment of one or more of your checks only in one of the following cases :
- Loss
- Theft
- Fraudulent use, i.e. when checks have been issued or forged on your behalf (imitation of signature, modification of the amount or beneficiary, etc.)
- Procedure for backup, of recovery or judicial liquidation of the company receiving the check
You cannot object simply because you are in dispute with the beneficiary. For example, if you're not satisfied with an item you've purchased or a service you've rendered.
Warning
if a check you were to cash (for example, salary) has been lost or stolen, you should contact the check issuer (for example, your employer) to have the check rejected.
1- Oppose
You have to oppose as soon as possible after the moment you realize that the checks have been lost or stolen.
To do this, you must contact your bank using its emergency number. In principle, this number is indicated on your means of payment (credit card back, etc.). However, it is recommended that you ask your bank for the number and keep it in your phone book.
FYI
some banks allow you to do this 1era statement of opposition on their website.
2- File a complaint
Theft
If your checkbook has been stolen, you must go to the police station or gendarmerie to complain.
FYI
you can obtain the front copy of the fraudulently cashed check from your bank. The commissioner's office or the gendarmerie can ask you to do so at the time of filing a complaint.
Who shall I contact
3- Confirm your opposition
You must then confirm your opposition in writing. To do this, you must send a letter to your bank indicating the check numbers involved.
Confirmation of opposition in writing of lost or stolen check
Written confirmation to the bank must be made within 48 hours of the first objection.
If you have filed a complaint, a copy of the complaint must be attached to this confirmation.
Warning
if you do not send a written confirmation within the deadline, the opposition is canceled.
Check or check payments can be billed by your bank.
Price conditions vary depending on your account agreement and any insurance taken out in respect of the means of payment.
The opposition shall be recorded in the National Irregular Check File (FNCI). This file can be consulted by banks and by most merchants (subscribers to the Verifiance network, managed by the Banque de France).
Répondez aux questions successives et les réponses s’afficheront automatiquement
Your bank believes the objection is justified
The cashing of the check(s) is made impossible (or is canceled, if it has already taken place). Your account will not be charged.
Your bank feels that the opposition is unjustified
The objection is withdrawn from the FNCI and the check is paid by your bank (on its own initiative or after a court decision). Your account will therefore be debited by the amount.
If it is proven that you have willfully lied to oppose, you risk up to 5 years in prison and €375,000 of fine. In this case, you also risk one of the additional penalties following:
- Prohibition on issuing checks
- Prohibition from practicing your profession
- Prohibition of civil rights
If you are unable to obtain a refund or cancelation of payments associated with an objection request, you can enter the banking ombudsman.
If the mediator is unable to resolve the dispute, you can go to court. The amount of money involved determines the court of competent jurisdiction.
The competent court depends on the sums involved in the dispute.
- For a case less than or equal to €10,000, it is the local court or the judicial court.
- For a case greater than €10,000No, it's the court.
Who shall I contact
Grounds for opposition
Opposition not allowed
Check violations
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