Check protested: consequences and solutions
Check protested: consequences and solutions
Let's see what you mean by check protested, what are the consequences for the creditor and debtor, how to cancel the protest. A useful guide on the check protested.
The institution of protest related to child
Basically, a check is a check protested against whom proceedings have been commenced recording the non-payment of the sum specified therein. This process is generally managed by a notary or a bailiff. The proceeds of the sum do not happen even if the check is presented to the bank to be cashed in good time specified by law.
Guarantees for the creditor
A check protested in essence, provides a procedure to protect the individual creditor, or he cha received as payment from which, however, can not get the money because, for example, that there is overdraft. The protection is handled through a process of persecution of those who protested and issued a check for any "cruising".
The Institute of protest is valid evidence; it is a public document, which can also be challenged in court: it testifies to the non-payment.
Banks: How to behave
If you check the banks also protested run for cover against the party that issued the payment discussed. The Institutes, in fact, issued a statement stating the successful presentation of the check on time gains, but the same was not paid. This statement, presented in the Chamber of Commerce, announced the protest and enter the name of the holder of the account that will be inserted into the list of "protest."
The consequences of a check protested
The first important consequence for anyone to issue a check is then protested to register with the CAI, namely the Central Alarm Interbank. But let's see the procedure.
1. To check is not paid for lack of coverage for the issuer of the securities is (telegram or letter), with 60 days notice of withdrawal (for payment), the start of the protest procedure.
2. If the subject covers the check within these 60 days (late payment), must pay the so-called statutory interest, costs of protest and a penalty of about 10% of the amount of the check.
3. If payment is not made either within 60 days, the subject is included in the list Protest CAI where it will remain even after the payment of the amount specified on the check (with all the serious consequences attached).
For protested cover the check after 60 days
If we issued a check protested, we have 60 days to cover the amount and avoid the inclusion of our name in the list of CAI.
We can go in the Bank (the same that we issued the check), but also by the notary or public official who has "raised the protest." Of course, we also pay the sum directly to our creditor who will then issue a receipt to the bank.
How to cancel protest
A check protested serious consequences for the person who issued it. E 'useful, however, know what to do to facilitate the cancellation of the protest.
1. Rehabilitation filed with the Court, one year after the "doffing of protest." And 'necessary advice and assistance of a lawyer to present the necessary documentation.
2. Wait 5 years, a period over which the protest is automatically deleted in accordance with the provisions of the law.
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