Assegno Scoperto ecco cosa si rischia
Tempo di lettura: 2 minuti

Tutti abbiamo ascoltato almeno una volta l’espressione “assegno scoperto” o anche “assegno a vuoto” ma non tutti conosciamo le conseguenze che ne derivano, oggetto di questo nuovo articolo sarà una spiegazione semplice e sintetica delle conseguenze di tale pratica.

Cosa si intende con l’espressione “Assegno Scoperto”?

Con l’espressione “assegno scoperto” si intende l’emissione dello stesso senza l’esistenza di disponibilità economica in banca. Si pensi al caso in cui una persona ti deve dei soldi e per soddisfare il suo debito ti consegna un assegno, tu vai in banca o alla posta e gli operatori ti dicono che non è possibile incassarlo perché il tuo debitore non ha disponibili sul suo conto corrente i soldi necessari.

Bisogna ricordare, poi, che solo un assegno bancario ordinario può essere “scoperto” non anche quelli circolari che, invece, sono sempre garantiti dalla banca che li emette.

DIFFERENZA TRA ASSEGNO BANCARIO E CIRCOLARE.

Quando ti viene consegnato l’assegno non puoi sapere se è scoperto o meno. Potrai saperlo solo nel momento in cui ti rechi in banca per incassarlo.

Cosa accade se presenti in banca un assegno scoperto?

Quando ti viene consegnato l’assegno non puoi sapere se è scoperto o meno. Potrai saperlo solo quando ti rechi in banca per incassarlo.

I termini di presentazione dell’assegno al pagamento sono di giorni 8 qualora vengano incassati “su piazza” (ovvero stesso Comune dell’Istituto di Credito) e di giorni 15 qualora sia “fuori piazza” (in Comune diverso da quello della Banca).

Dunque, quando recatoti in banca non riesci ad incassare il denaro, la banca stessa avvia una procedura con cui contatta colui che ha emesso l’assegno (il tuo debitore) e lo invita a versare la somma mancante tramite un pagamento c.d. tardivo.

Cosa comporta il “pagamento tardivo di un assegno bancario”?

Il pagamento tardivo di un assegno bancario, comporta per il debitore il sostenimento di spese aggiuntive poiché oltre alle somme di cui all’assegno dovrà corrispondere anche il 10% dell’importo dell’assegno stesso e gli interessi legali per ogni giorno di ritardo.

Tale pagamento tardivo può essere fatto entro i seguenti tempi:

  • 68 giorni se l’assegno è emesso su piazza (60+8);
  • 75 giorni se l’assegno è emesso fuori piazza (60+15).

Se il debitore adempie nei predetti termini allora si suole dire che l’assegno viene incassato in seconda presentazione.

Cosa accade se l’assegno ricevuto resta “scoperto”?

Se colui che ha emesso l’assegno, invece, non provvede neanche al pagamento tardivo allora si verificano le seguenti conseguenze:

  • L’Istituto di Credito segnala il debitore al CAI (Centrale di Allarme Interbancaria) che provvede ad iscriverlo nel relativo registro come “cattivo pagatore” per sei mesi.

La Banca procede con la “revoca di sistema” ossia il debitore deve restituire il libretto degli assegno e per sei mesi nessuna banca gliene darà un altro;

  • Il creditore può elevare protesto verso il debitore inadempiente rivolgendosi ad un notaio o ad un pubblico ufficiale. Tale procedura, a tutela del debitore, è di fondamentale importanza perché gli permette di avere un titolo esecutivo – costituito, appunto, dall’assegno protestato – e pignorare i beni del debitore.

In alcuni casi, inoltre, l’emissione di un assegno scoperto può addirittura costituire, qualora sussistano ulteriori requisiti e presupposti (artifici e raggiri posti in essere dal debitore) – anche il reato penale di insolvenza fraudolenta o addirittura di truffa.


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