Bounced cheques in Tunisia: what to do as payee or issuer

Read in: العربية / Français

Topic: Criminal law

Why a bounced cheque is serious in Tunisia, what the payee can do, how the issuer can put things right by paying, and why to see a lawyer early.

Cheques are still widely used in Tunisia, in business and between individuals. But a cheque that bounces because there isn't enough money in the account is not just a debt: it can also have criminal consequences. Whether you received the cheque or wrote it, you need to know how to react. Why is it serious? In Tunisia, writing a cheque without sufficient funds does not only mean you owe the money: it can be a criminal offence. The bank also takes measures against the person who wrote it, which in some cases include a ban on writing cheques. The rules on bounced cheques were reformed by Law no. 2024-41 of 2 August 2024, which has applied since 2 February 2025. Among the main changes: criminal proceedings against the person who wrote the cheque can only start on a complaint by the payee; cheques below an amount set by the law no longer lead to criminal proceedings; putting things right by paying the amount ends the proceedings; a single electronic cheque platform (TuniChèque), overseen by the Central Bank, lets you check the funds and reserve the cheque amount. So don't rely on what you heard in the past or on other people's experience: check the current text with a lawyer before you do anything. Beware of "guarantee" and post-dated cheques A cheque is a means of payment, not a guarantee. The common practice of handing over a cheque "as a guarantee" or with a later date puts the person who wrote it at risk: the payee can present it to the bank and, if the funds are not there, the cheque is rejected, with the consequences described in this article. Only write a cheque if the money is really available. If you received the cheque Before accepting it: check the funds and reserve the amount on the electronic cheque platform, through your bank. Not doing so can limit your options if the cheque bounces. Present it to the bank: if there are not enough funds, the person who wrote it gets a short period to pay, and then the bank gives you a document showing it was not paid. Formal protest: the non-payment can be recorded in a protest drawn up by a bailiff (huissier), which preserves your rights against the issuer and anyone who endorsed the cheque. Criminal complaint: where the law allows criminal proceedings, you can file a complaint with the public prosecutor, attaching the original cheque and the proof of non-payment. Proceedings only start on your complaint. Getting your money back: alongside the criminal route, there are civil procedures to recover the debt; a lawyer will choose the most suitable one. Always keep the original cheque somewhere safe and never hand it over without a receipt. Be aware too that presenting the cheque and taking action are subject to deadlines. If you wrote the cheque If you find out that a cheque you wrote has bounced, the worst thing you can do is wait. The law takes into account putting things right by paying the amount, and doing so weighs heavily on what happens next: it can end the proceedings, especially if you act quickly and within the legal deadlines. Contact your bank to find out the status of the cheque and the procedure under way. Get in touch with the payee to pay or agree on a solution, and keep written proof. Don't write new cheques to cover old ones: it only makes things worse. If you are summoned by the police, the National Guard or a court, call a lawyer straight away. Why see a lawyer early? With cheques, timing is everything. If you are the payee, a lawyer makes sure the formalities and deadlines are respected and picks the most effective way to recover your money. If you wrote the cheque, a lawyer explains how to settle under the current text and supports you in negotiations and in court. Because the rules changed recently, advice from a lawyer who follows the latest reforms is essential. The site's directory lists lawyers registered with the ONAT by city. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026