This page has been automatically translated. Please refer to the page in French if needed.
After you have lost or stolen your chequebook or only a check, you must object to their cashing. This is done at your bank. In case of litigation, remedies are possible.
You can object to the payment of one or more of your checks only in one of the following cases :
- Fraudulent use, i.e. when checks have been issued or forged on your behalf (imitation signature, modification of amount or beneficiary, etc.)
- Procedure backup, recovery or court company receiving the check
You cannot object on the simple ground that you are in dispute with the beneficiary. For example, if you are not satisfied with a purchased item or a rendered service.
Warning : if a check you were to cash (salary for example) has been lost or stolen, you must contact the check issuer (your employer for example) to object.
You must oppose faster after you realise 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 payment method (back of the credit card, etc.). However, it is recommended to ask your bank for the number and keep it in your phone book.
FYI : some banks allow this 1ere statement of opposition on their website.
2- Filing complaint
If your chequebook was stolen, you must go to the police station or the gendarmerie to file.
You're a victim of prejudice
FYI : you can get a copy of the fraudulently cashed check from your bank. The police station or the gendarmerie can make a request at the time of the complaint.
3- Confirm your opposition
You must then confirm your objection in writing. To do this, you must send a letter to your bank indicating the numbers of the checks in question.
Confirmation of written objection to lost or stolen check
National Institute of Consumer Affairs (INC)
Letter to be sent in registered form with notice of receipt to your bank within 48 hours of the first opposition.
Written confirmation to the bank must be made within 48 hours of the first objection.
If you have made a complaint, a copy of the complaint must be attached to this confirmation.
Warning : if you do not send written confirmation on time, the opposition is cancelled.
Check or check deposit can be charged by your bank.
Tariff conditions vary depending on your account agreement and any insurance taken out for the means of payment.
The opposition is recorded in the Irregular Checks National File (ICNF). This file can be consulted by banks and by most traders (subscribers to the Aufiance network, managed by the Banque de France).
Your bank believes the objection is justified
The check(s) cannot be cashed (or cancelled if it has already been cashed). Your account will not be charged.
Your bank believes the opposition is unjustified
The objection is withdrawn from the CFNCI and the check is paid by your bank (on its own initiative or after a court decision). Your account will be charged the amount.
If it is proven that you lied voluntarily to oppose, you risk up to 5 years in prison and €375,000 fine. In this case, you also risk one of additional sanctions following:
- Prohibition on issuing checks
- Prohibition on practising your profession
- Prohibition of civil rights
If you are unable to obtain a refund or cancellation of payments associated with an objection, you can enter the bank mediator.
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 is dependent on the sums involved in the dispute.
- For litigation less than or equal to €10 000, it is the local court or the judicial court.
- For litigation greater than €10 000, it's the court.