Section 11: Protest

The protest must be made by a notary or bailiff at the domicile of the person on whom the cheque was payable, or at his last known domicile. If the address is falsely stated, the protest shall be preceded by a search warrant.

The protest deed contains a literal transcription of the cheque and endorsements, as well as a summons to pay the amount of the cheque. It states the presence or absence of the person required to pay, the reasons for the refusal to pay and the inability or refusal to sign and, in the event of partial payment, the amount that has been paid. Notaries and bailiffs are required, on pain…

No act on the part of the bearer of the cheque may replace the act of protest, except in the case provided for in Articles L. 131-40 to L. 131-43 concerning the loss of the cheque.

Notaries and bailiffs are required, on pain of dismissal, costs and damages to the parties, to leave an exact copy of the protests. Subject to the same penalties, they are also required to hand over two exact copies of the protests, one of which is to be sent to the public prosecutor’s office, to the clerk of the commercial court or the court with commercial jurisdiction in the debtor’s place…

The provisions of Articles L. 511-56 to L. 511-61 of the French Commercial Code apply to protests drawn up for non-payment of a cheque.

No legal or judicial extension of the deadline is permitted, except in the cases provided for in Article L. 511-61 of the French Commercial Code.

The presentation of a cheque in payment, accepted by a creditor, does not entail novation. Consequently, the original debt, with all the guarantees attached to it, remains in force until the cheque is paid.

Independently of the formalities prescribed for the exercise of the action in guarantee, the bearer of a protested cheque may, with the permission of the judge, seize the movable effects of the endorsers.