Fee for handling the declaration of non-payment of a cheque
When you are going to cash a cheque and it turns out to be unpaid because there are no funds, you are charged a fee for the declaration of non-payment (Article 51 of the Law on Cheques and Bills of ExchangeAbre en ventana nueva). This is generally a given percentage of the amount of the cheque, with a minimum amount.
If the cheque is presented through the National Electronic Clearing System (SNCE), it will always be the drawee bank, where the cheque is deposited, that will make the declaration of non-payment on behalf of the SNCE, and will charge the corresponding fee to the beneficiary of the cheque.
If the cheque is presented directly to the drawee bank, the drawee bank will make the declaration and charge the fee to the presenting customer.
What requirements must be met in order to charge this fee?
- The fees charged by banks are unrestricted, except in cases where they are limited by law. In the case of the fee for handling the non-payment declaration, there is no limit, so each bank can establish the fee it chooses.
- The bank must inform you of the fee amount before the transaction is performed.