Checks are an important tool in commercial transactions in Iran. If you have a bounced check, there are various legal methods for recovering the money. This article, with a close look at the check laws, helps you choose the best method.
Advantages of Using a Lawyer in Check Disputes
The choice of the check recovery method depends on its conditions. A specialized check lawyer can provide you with the following:
- Legal advice on the best recovery method: Identifying the fastest and most effective way to claim the money
- Filing a correct and formal lawsuit: Precise drafting of lawsuits and other legal documents
- Guidance in legal procedures: Helping you understand and manage the complex procedures of the courts
- Increasing the chances of success: Using expertise and experience to increase the probability of collecting your debt
Methods of Recovering Bounced Check Money
1. Filing a Criminal Complaint
- Conditions: The check must meet specific conditions (e.g., not be for a guarantee).
- Advantages: In case of conviction, the issuer may be sentenced to imprisonment.
- Disadvantages: Long process, no guarantee of recovery, only applicable to checks with a criminal description.
2. Filing a Civil Lawsuit for Claiming Check Money
- Conditions: Applicable to all types of checks (Syadi or old).
- Advantages: You can claim the check amount along with late payment damages.
- Disadvantages: It has a court fee and the process can be lengthy.
3. Requesting an Enforcement Order from the Court (Only for Sayyad Checks)
- Conditions: The Sayyad check must be registered in the Sayyad system.
- Advantages: Fast, no court fees, possibility of seizing the issuer’s assets
- Disadvantages: You cannot claim late payment damages. You cannot also file a lawsuit against the guarantor or endorser.
4. Requesting an Enforcement Order from the Registration Enforcement Office
- Conditions: Applicable to Sayyad and old checks.
- Advantages: Fast, the possibility of the issuer being banned from leaving the country exists.
- Disadvantages: You cannot claim late payment damages, and there is no possibility of arresting the issuer.
Important Points about Check Recovery
- Sayyad Check and System: Failure to register the Sayyad check in the Sayyad system results in the loss of its benefits and complicates the recovery process.
- Optimal Method: The best method depends on the check’s conditions, the issuer, and the holder.
Check Lawyer: Specialized Assistance for Greater Success
Using a specialized check lawyer can make a significant difference in the outcome of the case. To consult about bounced checks and choose a specialized lawyer, contact us at the Gersha Legal Group.
