Financial claims
A bounced cheque; three legal routes to recover the money
Last reviewed: 1 مرداد 1405
The cheque bounced and your money is stuck. The law offers three routes — fast enforcement, a criminal complaint, and a civil claim — differing in speed, cost and conditions. Choosing the right one can save months.
This guide explains all three with their legal bases and deadlines.
Step zero: the non-payment certificate
When you present the cheque and funds are missing, the bank issues a non-payment certificate on request — recording the bounce date, its cause and the holder's identity.
Without it, neither the criminal complaint nor enforcement is possible. It is the first thing to obtain, and its date starts the clocks that follow.
Route one: direct court enforcement (Article 23)
For cheques registered in the Sayad system, Article 23 of the Cheque Act (as amended 1397) opened an extraordinary path: the holder may request a writ of enforcement directly, without a merits hearing — provided the cheque is unconditional and carries no criminal complication.
This is the fastest collection route: the writ issues, and if the drawer does not pay within the statutory window, their assets are attachable through enforcement. If the drawer disputes, the burden of suing shifts to them.
Route two: the criminal complaint and its six-month windows
Issuing an uncovered cheque is, in defined circumstances, a crime — but with two decisive windows (Article 11): the cheque must be presented to the bank within 6 months of its date, and the complaint must be filed within 6 months of the non-payment certificate; otherwise the criminal route lapses.
The criminal track puts real pressure on the drawer, but actually collecting usually still needs a damages petition — so the civil route often runs alongside or after.
Route three: the civil claim + late-payment damages
The civil payment claim is always open — even when the criminal windows have passed or the cheque predates Sayad. You petition the civil court for the principal plus late-payment damages: under Article 522 of the Civil Procedure Code, computed on the Central Bank's annual index from due date to collection — a substantial amount in current inflation.
You can also seek attachment before judgment, and — subject to the statutory notice periods — pursue endorsers and guarantors under joint liability.
Pursuing a cheque with Dadyar
- 1
Compute the late damages
Dadyar's late-payment calculator shows the indexed value of your claim on the official series.
- 2
Ask which route fits
Describe the cheque and dates; Dadyar explains the open routes and their windows, cited.
- 3
Draft the petition
The cheque payment-claim template produces a complete petition including the damages claim.
- 4
Get counsel for heavy cases
Consult a specialist from Dadyar's lawyer network — with escrow payment.
Frequently asked questions
Which route reaches the money fastest?
For an unconditional Sayad cheque, Article 23 enforcement is usually fastest — no hearing, no ordinary trial delays. Otherwise, the civil claim with pre-judgment attachment is the main road.
I hold an old, non-Sayad cheque — what now?
The civil route (payment claim + late damages) is always open. Whether the criminal windows or direct enforcement still apply depends on the dates and cheque type — ask Dadyar exactly that.
Can I claim against endorsers and guarantors?
Yes; the drawer and endorsers are jointly liable, and subject to the statutory notice periods you may sue any or all of them.
How are late-payment damages computed?
Under Article 522 of the Civil Procedure Code, on the change in the Central Bank's annual index from due date to collection. Dadyar's calculator runs that official formula with the real index series.
Related to this guide
This guide is general, statute-grounded legal information — not legal advice for your specific situation. For important decisions, consult a licensed lawyer inside Dadyar.