A check cancellation lawsuit is a type of lawsuit filed to eliminate the validity of a check that is lost, stolen, torn or destroyed. In this way, the check is prevented from being used by people who are not its legitimate owners. As a result of the lawsuit, the check is canceled by the decision made by the court and can no longer be used as a means of payment.
When is a Check Cancellation Case Filed?
You can file a check cancellation lawsuit in the following cases:
When the check is lost: If you lost the check and cannot find where it is, you must file a check cancellation case.
When a check is stolen: If your check is stolen, it is important to report the crime to the police and then file a check cancellation lawsuit.
When the check is torn or destroyed: If your check is torn or destroyed and is not usable, you can get a new check by filing a check cancellation lawsuit.
How to File a Check Cancellation Case?
To file a check cancellation case, you must follow the steps below:
Application to the Competent Court: You must apply with a petition to the Commercial Court of First Instance where you reside.
Preparing a Petition: In the petition, you must clearly state the reason for the loss, theft, tearing or destruction of the check and all the details.
Submission of Required Documents: In addition to the petition, you must also submit documents such as a photocopy of the check, bank account statement and police report, if any.
Case Meeting: You must attend the case meeting on the date and time determined by the court and make the necessary explanations.
Court Decision: The court may decide to cancel or reject the check by evaluating the evidence presented.