Wrongful protest: how to cancel it and seek compensation
A wrongful protest can create restrictions and harm the credit of a company or business owner. Knowing the paths to cancellation and reparation is usually the first step toward reducing losses.
What a wrongful protest is
A protest is the formal act, carried out at a notary office, that certifies the non-payment of an instrument or debt. It becomes wrongful when there is no valid debt, when the amount has already been paid, or when the legal requirements for the entry are missing.
Situations that usually amount to irregularity
Its characterization depends on the case, but some situations usually indicate irregularity:
- An already settled instrument that remains under protest
- Collection of a nonexistent or time-barred debt
- Error in the amount or in the debtor's identification
- Absence of the formal requirements of the instrument
How to cancel the protest
When the debt has been paid, cancellation is usually carried out at the notary office itself upon proof. When there is a dispute over the legitimacy of the protest, it may be necessary to seek a judicial measure to suspend or cancel the entry.
When compensation may apply
If the protest was wrongful and caused harm, a claim for reparation of material damages and, depending on the case, moral damages may apply. Recognition and its extent depend on proof of the loss and on the specific circumstances.
Frequently asked questions
Do I need to go to the notary office or straight to court?
It depends. If the debt has been paid, cancellation is usually carried out at the notary office with proof. If there is a dispute over legitimacy, a judicial measure may be necessary.
Does every wrongful protest generate moral damages?
Not automatically. Reparation depends on proof of the loss and on the circumstances of the case, assessed according to the specific situation.
Need guidance on this topic?
This article is informational. For guidance on your specific case, talk to our team.