A bounced cheque: criminal or civil?

Many assume every bounced cheque is automatically a "crime." The reality is more nuanced: after the cheque-law reform, most cases proceed through the enforcement and civil routes rather than the criminal one.

The non-payment certificate

The first step is obtaining the non-payment certificate from the bank. It is the basis for everything that follows — registry enforcement or a civil claim — and the statutory deadlines run from its date.

Three routes

• Registry enforcement: the fastest way to seize the issuer's assets, without a full trial;
• Civil claim for the amount: to recover the principal, delay damages and costs;
• Criminal complaint: available only in the limited cases set out in the statute.

The right route depends on the issuer's finances and how quickly you need recovery.

If you are holding a bounced cheque, let us set the best route in a consultation before you act.