A drawee who has paid a cheque despite the absence, insufficiency or unavailability of funds shall, except in the case provided for in the first paragraph of II of Article L. 131-81, be subrogated to the rights of the bearer to the extent of the sum advanced by the drawee; to this end, the drawee may have the absence or insufficiency of the available funds recorded by a deed drawn up in the form of a protest.
In the absence of an automatic deduction from the account and without prejudice to any other legal remedy, it may serve formal notice by bailiff on the account holder to pay the sum due to it pursuant to the preceding paragraph.