How to protest a check? see what to do

Have you ever been in the situation of receiving a check and it bounced?

Only those who have experienced this inconvenience know how stressful it can be to have a check declined when cashing it.

If you are going through this right now, know that it is possible to legally recover the lost money through direct collection tools to the issuer.

Check below our tips on protesting a check and put an end to your headache.

What is the check protest?

check protest is the name given to the process of presenting the check “without funds” to a notary, requesting its protest. Once the request is made, the notary will include the name of the issuer in the credit protection bodies, SPC/SERASA.

It is important to emphasize that only the injured party can start the process.

Why is it important to protest a check?

When if protest a check, the issuer will have its name automatically included in the credit protection service register, preventing it from continuing to carry out financial operations without first paying off its debts.

In addition, with the protest, it is possible to file a lawsuit with the help of a lawyer or even even in the special court (without a lawyer), if the debt does not exceed the amount of up to twenty wages minima.

The time for a check to be protested is up to three business days.

How to protest a check?

To begin with, it is necessary for the creditor to go to a Protest Registry Office with the check already stamped by the bank.

In some places, you will be required to complete a check protest form in addition to the issuer's address.

It is also recommended to look for the notary office of the city where the check was issued, because after registration, the issuer will receive a notification in the form of a letter informing him of the debt.

In situations where the protested check has been suspended, it is recommended to follow the same procedure with the notary, as according to the Central Bank, it is the right of the creditor to resort to justice for the payment of the debt, since the check is nothing more than a security credit.

When is it not possible to protest a check?

A check protest is not valid in any of the following cases:

• The check was revoked or stopped due to theft, theft or loss of blank check sheets;
• In cases where the issuer's signature is divergent or insufficient;
• Through judicial blocking;
• Fraudulent check, when the issuer is not aware of its use;
• Checks without an issue date, with no signature and without writing the amount in words.

It is worth mentioning that in the case of checks on behalf of third parties, it is necessary that the same has the signature of the issuer signed on the back.

What is the period allowed and the amount to protest a check?

According to the protest law No. 9,492/97, There is no set deadline for prescribed checks. This is due to the fact that the notary does not need a specific date to formalize the action.

However, it is recommended to start the value recovery processes from the moment the check has been returned.

Regarding the value of the protest process, in some states such as São Paulo, the creditor is exempt from notary fees, being the sole responsibility of the debtor.

See too: Reasons for Check Bounce – All reasons with explanation