The unpaid check for lack of funds is an enforceable title

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unpaid check

While its use has largely declined in Europe, the French remain attached to to payment by check. However, this method of payment is not without consequences since the beneficiary takes risk of an unpaid check for various reasons, the most common being insufficient funds.

Against this the French law has relaxedt the rules of the writ of execution in order to secure this mode of payment and to protect the bearer.

This is the larticle L131-73 of the monetary code which governst the procedure for unpaid checks for lack of funds into an enforceable title.

In concrete terms, when the creditor receivestby his bank, the return of the original of the unpaid check for an amount greater than 15 euros accompanied by a certificate of rejection this one has two solutions:

  • He may request the bank, after a period of time, to a period of of 30 days from the date ofthe date of presentation of the rejected cheque the date of presentation of the rejected cheque, a certificate of of non-payment.
  • The bearer may also, upon receipt of the unpaid cheque, attempt a new presentation. In case of a second rejection, the bank transmits automatically the certificate of non-payment passed the period of 30 days.


  • To wit: the chequess lowers or equalequal to 15 euros are paid directlys by the bank

The 30-day of 30 days instituted a to allow the issuer time to regularize its situation.

He can deposit a deposit in his account so that the check can be cashed on second presentation.

Generally the bank blocks the provision to avoid any inconvenience. It can also pay the creditor by any other means and recover the check to prove to his bank that the situation has been settled.

It is interesting to note here that the original check should never be returned to the debtor if the debt has not been paid in full.

If at this stage the claim has still not been paide the beneficiary of the cheque may notify the certificate of non-payment or mandate a bailiff so that he/she may the serve à l'sender.

This notification or service is equivalent to an order to pay the amount of the cheque within 15 days as well as all expenses costs incurred.nt the rejection of a check and the legal interest that beginsnt from the date of rejection of the unpaid cheque. unpaid cheque.

If payment of the entire claim has not been madee within 15 days the bailiff issues the writ of execution and can proceed directly to all enforcement measureses against the debtor.

Finally, you should know that the statute of limitations for unpaid checks is six months from the expiration of a period of eight days from the date of issue of the check.


LEGALCITY assists you in the procedure of unpaid check for lack of funds

LEGALCITY's lawyers have set up a procedure that will allow you to be accompanied in your actions and above all, not to forget anything and to accompany you in the relationship with the bailiff in charge of the execution with your debtor.

LEGALCITY's lawyers are fully aware of the procedures to be followed and assure you that no additional or unnecessary costs will be incurred in the processing of your case.

The pricing for this service is the lowest in the market and is broken down as follows:

  • Support and administrative and legal management of the file and the relationship with the network of bailiffs partnering with LEGALCITY SAS: 69 Euros (excl. VAT)
  • Provision of 350 Euros TTC for all the acts carried out by the partner bailiff such as the service of the enforcement order, the FICOBA search (all the bank accounts of the issuer are concerned), realization of the seizure of allocation and the blocking of the bank accountsInitiation of the seizure procedure if necessary.

Note that the costs incurred with the partner bailiffs will be an integral part of the sums seized from your debtor!

LEGALCITY's lawyers will do everything possible to limit the amount of money involved and avoid unnecessary actions.

Here are the actions that will be taken to help you recover your funds:

  1. Request for a certificate of non-payment from the banking institution and amicable management of the file
  1. Notification by registered mail of the certificate of non-payment to the debtor if payment has not been made when the bank receives the document
  1. Request to our partner bailiff to issue the writ of execution and management with the bailiff of the enforcement procedure

Contact us by chat on by Phone : 01 75 85 85 16 or by mail on and delegate your file to collection professionals.

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