Legal Procedures for Dishonored Checks and Special Payment Methods

Nonpayment of Checks

The holder can exercise the dishonored check measures to claim payment against the person who issued it, against previous endorsers, and against the non-payment credit in the following ways:

• Notarial Protest: Minutes extended by a notary attesting to the non-payment.
• Declaration: Issued, dated, and written on the check.
• Compensation Statement: A statement dated by the clearing system or a clearinghouse in which the check is recorded as dishonored.

The notarial protest or equivalent statement must be performed before the presentation period expires, or within two business days if the check is presented on the last day.

Special Checks

1. Certified Check

A certified check is a regular check where the bank inserts a clause certifying its authenticity and the existence of sufficient funds in the issuer's account. To guarantee payment, the customer requests that the bank retain the amount or charge it directly to their account. This clause is usually inserted on the back of the title via a stamp.

2. Crossed Checks

The goal of crossing a check is to increase the security of these titles. The holder can cross the check with two parallel bars on the reverse side of the document. There are two types of crossed checks:

• General Crossing: Two parallel bars or a mention of a bank. The issuing bank may only pay a general crossed check to a customer or another bank.
• Special Crossing: Two parallel bars with the name of a specific credit entity. The bank may only pay the designated entity.

Crossing provides certainty, as the holder must be identified and the funds must be deposited into an account, preventing cash withdrawals.

3. Checks for Account Deposit

Some credit entities offer checks where the customer's account number is noted. These can be used to pay third parties, but the entity will always register the transaction and cross the check.