Loss of a check or checkbook

Verified 17 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

Did you lose a check or a checkbook? You must oppose with your bank. It is also advisable to file a complaint with the police (police or gendarmerie). Here are the steps to be taken.

Step-by-step approach

You have to oppose as soon as possible after the moment you realize that the checks have been lost.

To do this, you need to contact your bank by telephone using his emergency number. This number can be found on your bank's website. It is recommended that you keep the number in your phone book.

Some banks also allow you to file this statement of objection online on your client space.

Warning  

if a check you were to cash (for example, salary) has been lost, you should contact the check issuer (for example, your employer) to have the check rejected.

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.

If your bank account has been debited in the amount of a fraudulent check, it is advisable to report the loss to law enforcement.

To do this, you must complain.

You can do it in a police station or in the gendarmerie. You can also do it by mail.

On the spot

You must go to a police station or the gendarmerie of your choice.

Who shall I contact

The police or gendarmerie services are obliged to register the complaint.

The complaint is then forwarded to the public prosecutor for a decision on further action (investigation, closure without further action...).

If you don't know the perpetrator, you can fill out an online pre-complaint before traveling.

You will then get an appointment and the police or gendarmes will already have the elements of your complaint upon your arrival.

Online Pre-Complaint

By mail

You can file a complaint with the public prosecutor.

To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

Your mail should include the following:

  • Your marital status and full contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Names and addresses of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Your proof documents: medical certificates, work stoppages, miscellaneous invoices, findings...
  • Your eventual willingness to become a civil party

You can use the following mail template:

File a complaint with the public prosecutor

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

You can also file your complaint directly at the courthouse.

In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.

The complaint allows you to obtain a receipt, that is, a document attesting to the registration of your return. You can send the receipt to your bank at the time of your refund request.

Procedure

You must then confirm your opposition in writing. To do this, you must send a letter to your bank indicating the check numbers involved.

A template is available:

Confirmation of opposition in writing of lost or stolen check

Written confirmation to the bank must be made within 48 hours following the first opposition.

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.

Effects of opposition

The opposition shall be recorded in the National Irregular Check File (FNCI).

There will be different consequences depending on whether or not the opposition to the check is justified. The objection is not justified if the check has not been lost, stolen or used fraudulently.

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Your bank believes the objection is justified

The cashing of the check(s) shall be made impossible. If your account has already been debited, you can get a refund.

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

Procedure

If your bank account has been debited in the amount of a fraudulent check, you can request a refund from your bank.

You have to do it within 2 months following receipt of the bank statement where the receipt of the fraudulent check is recorded.

Check with your bank to find out how to apply.

The fraudulent check is then analyzed by the bank.

Please note

you can ask your bank for a copy of the front of the check.

In case of forgery, ofsignature imitation or gross and apparent falsification from the check, your bank will refund the debited amounts.

However, if the fraud is not detectable to the naked eye, your bank may refuse to reimburse you.

Appeals

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.
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