بروز رسانی 1403/04/07
حتما شما هم تاکنون به گوشتان خورده است که اصطلاحا می گویند که چک کیفری است یا حقوقی؟
به طور معمول از این اصطلاح تنها برای چک های بلامحل و یا همان برگشتی مورد استفاده قرار می گیرد.
و به نوع مسئولیت فردی که چک را صادر کرده است بستگی دارد.
در صورتی که چک کیفری باشد، در عین حال که می توان وجه چک را دریافت کرد،
می توان صادر کننده چک و یا همان دارنده ی حساب را نیز به زندان انداخت.
ولی چناچنه چک حقوقی باشد، در این صورت تنها وجه چک را می توان دریافت کرد.
و باید اضافه کنیم که نوع چک در نحوه رسیدگی در دادگاه و همین طور سرعت آن متفاوت می باشد.
و در صورتی که چک کیفری باشد ما راحت تر و زودتر پول خود را مطالبه خواهیم کرد.
اما در صورتی که چک حقوقی باشد،
به دلیل آیین دادرسی پرپیچ و خم آن، مراحل رسیدگی به آن و رسیدن به نتیجه دیرتر می شود.
به طور معمول در صورتی که افراد با یکی از موارد زیر برخورد کنند، می توانند تا چک را برگشت بزنند:
-در صورت نبودن وجه نقد و یا کافی نبودن آن در حساب
-دستور عدم پرداخت وجه چک از طرف صاحب حساب به بانک
-صادر کردن چک از حسابی که مسدود است.
-در صورتی که چک به صورت نادرست تنظیم شده باشد
مانند اختلاف در مندرجات چک، عدم مطابقت امضا، قلم خوردگی در آن و غیره
در صورتی که دارنده ی چک متوجه این مساله شود
که چکی که به نام وی پشت نویسی شده است،
پولی در حساب صاحب چک وجود ندارد، که به وی پرداخت کند.
در این شرایط دارنده ی چک در ابتدا بایستی چک را برگشت بزند.
و در مرحله ی بعد یک گواهی عدم پرداخت که شامل هویت چک و صادر کننده ی چک می باشد
و دلیل عدم پرداخت آن چک به همراه مهر و امضا از بانک گرفته
و بدین صورت شخص این امکان را داشته باشد
که مراحل بعدی شکایت از چک برگشتی و پیگیری خود را شروع کند.
شما می توانید برای مشاوره با وکیل در مورد چک به سایت مشاوره حقوقی مراجعه کنید.
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